Embed Size (px)
Citation preview
1
Request for Proposal for Appointment of an Agency to
Conduct a Bank Customer Survey on
Retail Internet Banking User Interface and User Experience
2
TABLE OF CONTENTS
Sl # Content Page
#
1. Table of Contents 2
2. Document Control Sheet & Disclaimer 4
3. Section - 1 – Background 6
4. Guidelines for Bidders 6
5. General Instructions 7
6. Section - 2 – Procedure for Submission of Bids 13
7. Technical Bid Criteria 14
8. Financial Bid 16
9. Clarification of Bid Document / Language of Bids / Bid Prices
18
10. Firm Prices 19
11. Bidder Qualification / Period of Validity of Bids 20
12. Format & Signing of Bid 21
13. Modification & Withdrawal of Bids 22
14. Address for Correspondence / Opening of Bid 23
15. Preliminary Examination 23
16. Post Qualification 24
17. Bid Evaluation Criteria / Financial Bidding Process 25
18. Acceptance of Bids / Signing of Contract 26
19. Section – 3 - Definitions 27
20. Indemnity and Survival of Indemnity 31
21. Intellectual Property Rights and Patent Rights 32
22. Warranty and Penalty 33
23. Term and Extension of the Contract , Termination and Consequences of Termination
34
24. Dispute Resolution 36
25. Liquidated Damages, Progress of Survey, Service Level Agreement and Delay in Bidder’s Performance
37
26. Address for Notices 38
27. Tax and Duties 40
28. Bidder’s Integrity and Obligation 41
29. Patent Right 42
30. Statutory Requirement 43
31. Right of Inspection, Periodic Audit, Contract Price and Information Security
44
32. Confidentiality 45
33. Publicity 47
34. Section – 4 – Service Level Expectations 49
35. Section – 5 - Bid Forms / Technical Bid Form 50
36. Scope of Work 52
37. Non-Disclosure Agreement 57
38. Price Schedule Format 61
3
Sl # Content Page
#
39. Contract Form 63
40. Unconditional Acceptance of Term & Condition of the RFP 66
41. Deed of Indemnity 68
42. Fulfillment of Eligibility Criteria 72
43. Annexure A - Agreement 73
4
Document Control Sheet
Name of the Company IDBI Bank Limited
Date of issue 18-10-2021
Cost of the Bid Document
Rs.25,000/- (Rupees Twenty Five
Thousand Only] in the form of Demand
Draft / Bankers Cheque from a
Scheduled Bank in favor of ‘IDBI Bank
Limited’, payable at Mumbai only to be
submitted along with the Bid. Last Date and Time for Receipt of Bids 01-11-2021 3.00 p.m.
Schedule for Opening of Technical Bids 04-11-2021 3.00 p.m.
Schedule for Opening of Financial Bid Date & Time will be intimated to the
shortlisted bidders after opening of
Technical Bids
Place of Opening of Bids
IDBI Bank Ltd.
CSPD, 19th floor,
IDBI Tower,
WTC Complex,
Cuffe Parade, Mumbai -400 005
Address for Communication As given above
Note:
1. This tender document is the property of Bank & is not transferable.
2. If a holiday is declared on the dates mentioned above, the bids shall be
received /opened on the next working day at the same time specified above
and at the same venue unless communicated otherwise.
3. This bid document has 90 pages.
5
Disclaimer
The information contained in this Request for Proposal (RFP) document or
information provided subsequently to bidder(s) or applicants whether verbally or in
documentary form by or on behalf of IDBI Bank Limited (“Bank”), is provided to the
bidder(s) on the terms and conditions set out in this RFP document and all other terms
and conditions subject to which such information is provided.
This RFP document is not an agreement and is not an offer or invitation by Bank to any
parties other than the applicants who are qualified to submit the bids (“bidders”). The
purpose of this RFP is to provide the bidder(s) with information to assist the formulation
of their proposals. This RFP does not claim to contain all the information each bidder
may require. Each bidder may conduct its own independent investigations and
analysis and is free to check the accuracy, reliability and completeness of the
information in this RFP. The Bank makes no representation or warranty and shall incur
no liability under any law, statute, rules or regulations as to the accuracy, reliability
or completeness of this RFP. The Bank may in its absolute discretion, but without
being under any obligation to do so, update, amend or supplement the information in
this RFP.
IDBI Bank reserves the right to reject any or all the expression of interest / proposals
received in response to this RFP document at any stage without assigning any reason
whatsoever. The decision of IDBI Bank shall be final, conclusive and binding on all
the parties.
6
Section I
Background
IDBI Bank Ltd (“Bank”) is a company incorporated and registered under
Companies Act, 1956 (1 of 1956) and within the meaning of Section 2 (20) of the
Companies Act, 2013 (18 of 2013) and a banking company under section 5 (c) of the
Banking Regulation Act, 1949 (10 of 1949). Bank is also a Scheduled Bank as notified
by the Reserve Bank of India under the Reserve Bank of India Act, 1934. The Bank
is engaged in providing finance to industries and banking business.
Guidelines for Bidders
Purpose - The Bank is looking for eligible Market Research Agencies to conduct a
pan-India Survey on Retail Internet Banking User Interface and User Experience, on
one time basis, for which quotations are invited.
Eligibility Criteria
1. The Bidder should be in the profession of conducting researches/customer
surveys for its clients, for the last 3 completed Financial Years (since 2018-
19) in India. A written declaration along with documentary proof to this effect
to be furnished by the Bidder.
2. The Bidder should be accredited by/ member of duly recognized National
and/or International Market Research Regulatory Bodies/Societies (Valid copy
of accreditation/membership should be submitted along with the bid. Bank
reserves the right to verify the same.
3. The Bidder should not have been barred by any Department of Government,
RBI, IBA, Commercial Bank, etc. or any other regulatory authority for
conducting the proposed survey. An undertaking in this regard to be submitted.
4. The Bidder must successfully completed at least 2 customer surveys with a
minimum sample size of not less than 2000 for its Institutional clients
7
(Financial/Non-Financial) since FY 2018-19 till date. A self-certified copies
of the Work Completion Certificate/Letter of satisfaction issued by the clients
to be furnished.
5. The Bidder must have an adequate workforce and logistic set up to take up an
All-India survey with a sample size of at least 3000. A declaration to this effect
to be given.
6. The Bidder must have its Office/Branch/Representative office in Mumbai and
details along with full address and contact details of its authorized people
based in Mumbai, to be furnished in writing.
Note:
All documentary evidences/certificates confirming compliance criteria should be part of
Technical bid.
Bid Evaluation Criteria
1. The vendor shall submit their offers strictly in accordance with the terms and
conditions of the Bid Documents. Any bid, which stipulates conditions
contrary to the terms and conditions given in the Bid Documents, is liable for
rejection. Any decision of the Bank in this regard shall be final, conclusive and
binding on the vendor.
2. The Financial Bid will be opened only if the Technical Bid is cleared and
accepted by the Bank.
3. L1 vendor will be arrived at by considering the lowest bidder of all the items
put together (refer the Financial bid).
General Instructions
1. The Bidder shall, subject to the provisions of the Assignment and with due
care, execute the work and take all responsibility, including the supervision
thereof and all other things, whether of a temporary or permanent nature,
required in and for such execution.
2. The Bidder shall carry out and complete the work in accordance with
prevailing good industry practices and using workmanship of the quality and
standards therein specified, provided that where and to the extent some
approval of the quality of the standards of workmanship is a matter of opinion,
8
such quality and standards shall be to the satisfaction of IDBI Bank.
3. The Bidder shall be deemed to have satisfied itself as to the correctness and
sufficiency of the rates and prices before agreeing to the Terms and Conditions.
4. The final report may be submitted within a period of 45 days from the date of
commencement of the project or the date of engagement, whichever is earlier.
5. The bid consists of two parts namely, Technical Bid and Financial Bid, which
are required to be submitted in two separate sealed covers marked as
"Technical Bid" and "Financial Bid". Bidder will be allowed to participate
in the Financial Bid opening only if the Technical Bid is cleared and accepted.
6. The Bids/Quotations should be contained in sealed envelope, clearly indicating
on top “Appointment of Agency to Conduct Survey on the Retail Internet
Banking User Interface and User Experience” and should be addressed to
DGM, Corporate Strategy and Planning Department (CSPD), IDBI Bank Ltd.,
“B” wing, 19th floor, IDBI Tower, WTC complex, Cuffe Parade, Mumbai
400005. The sealed envelope containing the Bids / Quotations must be dropped
in the Drop box kept at the Ground Floor, near the Reception Counter,
Corporate Office, IDBI Tower, WTC complex, Cuffe Parade, Mumbai 400005
7. The sealed quotations must be submitted latest by 3.00 p.m. on
November 01, 2021. All inclusive costs are to be quoted. All applicable taxes
will be charged separately. No separate reimbursement for expenses will be
made.
8. The sealed quotations duly submitted/dropped in the Drop box till the
stipulated time, will be opened on November 04, 2021 at 3.00 p.m. in the
conference hall at Corporate Strategy and Planning Department (CSPD), IDBI
Bank Ltd., 19th floor, IDBI Tower, WTC complex, Cuffe Parade, Mumbai
400005.
9. The Bidders through their authorized representatives, are requested to be
present during bid opening at the time and place as mentioned above. All the
authorized persons of the Bidders attending the bid opening round must carry
their Identity cards for verification.
10. Bank reserves the right to accept or reject in part or full any or all the bids
9
without assigning any reason whatsoever. Any decision of Bank in this regard
shall be final, conclusive and binding on the Bidder.
11. Decision as to any arithmetical error, manifest or otherwise in the response to
Bid Document shall be decided at the sole discretion of Bank and shall be
binding on the Bidder. Any decision of Bank in this regard shall be final,
conclusive and binding on the Bidder.
12. Bank reserves the right to cancel/call off / re-issue / re-commence the entire
bid process in case of any anomaly, irregularity/ discrepancy in regard thereof
or in the event of the Lowest quoted amount (L1) exceeding the benchmark
set by the Vigilance guidelines of the Bank for conducting a selective/closed
bidding process. Any decision of Bank in this regard shall be final, conclusive
and binding on the Bidder.
13. Interested Bidders may obtain further information from Shri Hoshang Guard,
Asst. General Manager, CSPD, 19th floor, IDBI Bank Ltd., IDBI Tower,
WTC Complex, Cuffe Parade, Mumbai – 400 005, Phone No.
022-6655 3161 between 15.00 hrs to 17.00 hrs on working days or email to
14. Modification to the Bid Documents, if any, will be made available as
addendum emailed to the prospective Bidders.
15. If a holiday is declared on any of the dates mentioned above, the bids shall be
received /opened on the next working day at the same timings specified
above.
16. Successful Bidder would sign the Agreement with Bank at Mumbai only.
17. Each Bidder shall submit only one bid.
18. The Bid / Quotation shall remain valid for a period of 90 days from date of
submission of Financial Bid.
19. Prices quoted in the bid should include all costs (the applicable
taxes/duties/statutory & other charges to be mentioned separately). No
separate reimbursement for expenses will be made to the selected
10
bidder/Bidder.
20. The price quoted by the Bidder cannot be altered or changed due to escalation
on any account.
21. The price quoted is to be written in words as well as figures and in case of
discrepancies between prices written in words and prices written in figures, the
prices written in words shall be considered to be correct.
22. All taxes, if any, applicable shall be deducted at source as per current rate while
making any payment.
23. Bank will not be obliged to meet and have discussions with any Bidder and/
or to entertain any representations in this regard.
24. The bids received and accepted will be evaluated by the Bank to ascertain the
technically qualified and lowest bid in the interest of the Bank. However, the
Bank does not bind itself to accept the lowest or any bid and reserves the right
to reject any or all bids at any point of time prior to award of the contract,
without assigning any reasons whatsoever.
25. Bank reserves the right to accept or reject any quotation and to cancel the
bidding process and reject all quotations at any time prior to award of the
contract.
26. IDBI Bank has implemented Integrity Pact (IP) and has appointed Independent
External Monitors (IEMs) for the IP in consultation with Central Vigilance
Commission to avoid all forms of corruption by following a system that is fair,
transparent and free from any influence / prejudice dealings prior to, during
and subsequent to the currency of the Contract to be entered into for the
purpose of this RFP. The Bidder is required to submit duly stamped & executed
IP in line with Annexure - A as a pre-requisite condition while submitting the
bid.
Payment Terms
Payment of fees to be made as per following schedule:
11
Payment of 25% of the total quoted amount will be made as advance to the
selected Bidder.
Payment of balance 75% of the total bill will be made only after the submission
of Final report by the Bidder and its acceptance by the Bank.
All applicable taxes will be paid by IDBI Bank. The Bidder shall be responsible
for deposit of all taxes, duties, levies fees or charges in respect of the works as
required for the Assignment to the concerned Government/Statutory authorities.
Also, TDS will be deducted from the payments to the Bidder as per applicable
laws.
The Bidder shall comply with and give all notices required by any Act, any
instrument, rule or order made under any Act, or any regulation or byelaw of any
relevant authority which has any jurisdiction with regard to the assignment.
The Bidder shall also abide by the rules and regulations of all relevant
organizations/institutions and conform to the aforesaid rules and regulations.
Limited Bidder
For the limited purpose of survey and engaging the services of Third Parties which
are necessary for providing the Services under this Agreement, IDBI Bank would
appoint the designated Bidders as its agent.
Save and except the “Limited Bidder” created under this Agreement, the
Bidders appointed would be an independent Party and neither Party is the legal
representative of the other; further, the Personnel of the Bidders and other Third
Parties engaged to perform any Services under this RFP are not the employees of
IDBI Bank.
Confidentiality
Information provided under the scope and subsequent Service Level Agreement
(SLA), to be signed with the selected Bidder and will be as per Bank’s format, is
confidential and neither Party shall at any time either during the association or at any
time thereafter divulge either directly or indirectly to any person(s), firm or company,
12
business entity or other organization whatsoever, any confidential information that
the other party may acquire during the course of such association or otherwise
concerning the other party’s business, property, contracts, trade secrets, clients or
affairs. Since the information being shared is explicitly for the Customer Satisfaction
Survey, the Bidder may not use it for any other purpose.
Force Majeure
For purposes of this Clause, "Force Majeure" means an event explicitly beyond the
reasonable control of the Bidder and not involving the Bidder’s fault or negligence
and not foreseeable. Such events are Acts of God or of public enemy, acts of
Government of India in their sovereign capacity, strikes, political disruptions, bandhs,
riots, civil commotions and acts of war.
If a Force Majeure situation arises, the Bidder shall promptly notify the Bank in
writing of such conditions and the cause thereof within fifteen calendar days.
Unless otherwise directed by the Bank in writing, the Bidder shall continue to perform
Bidder’s obligations under this Agreement as far as is reasonably practical, and shall
seek all reasonable alternative means for performance not prevented by the Force
Majeure event.
In such a case the time for performance shall be extended by a period(s) not less than
duration of such delay. If the duration of delay continues beyond a period of three
months, the Bank and Bidder shall hold consultations in an endeavor to find a solution
to the problem.
13
Section II
Procedure for Submission of Bids
General:
1. One Copy of sealed Technical Bid & One Copy of the sealed Financial Bid
must be submitted at the same time, giving full particulars in separate sealed
envelopes.
2. Both the sealed envelopes (Technical and Financial bids) must be
put in a bigger envelope/cover duly sealed and also super- scribed. The bigger
envelope/cover to be submitted/ dropped in the Drop box kept for the purpose
at the place mentioned in the RFP.
3. All the envelopes must be super-scribed with the following information:
Type of Offer (Technical or Financial)
The envelopes should clearly indicate on top “Appointment of Agency
to Conduct Survey on the Retail Internet Banking User Interface
and User Experience”
Reference Number (IDBI – RFP – Bank Customer Survey)
Bid Date
Name of Bidder
Name of the Authorized Person
4. All Schedules, Formats and Annexure should be stamped and signed by an
authorized official of the bidder’s company.
5. ENVELOPE-I (Technical bid): The Technical bid should be complete in all
respects and contain all information asked for, except prices. The Technical
bid should not contain any price information. The Technical Bid should be
complete and should contain all the required undertakings / documents / self-
certified proofs, as per the Technical Qualification criteria framed by the Bank
.
14
6. ENVELOPE-II (Financial bid): The Financial bid should give all relevant price
information and should not contradict the Technical Bid in any manner. The
Financial Bid should be submitted in specified format only.
7. The prices quoted in the Financial Bid should be without any conditions.
8. Please note that if any envelope is found to contain both technical and
commercial bid, then that offer / bid will be rejected outright.
Technical Bid Criteria / Documents to be submitted
The Bidders will have to meet / qualify the Pre-qualification criteria /Technical
criteria, before being allowed / called to participate in the financial bid opening round.
Following are the Pre-qualification criteria / Technical criteria set by the Bank and
necessary documents / undertakings to be furnished along with the Technical bid:
1. The Bidder should be in the profession of conducting researches / customer
surveys for its clients, for the last 3 completed Financial Years (since 2018-
19) in India. A written declaration to this effect to be furnished along with the
Technical bid.
2. The Bidder should be accredited by / member of duly recognized National and /
or International Market Research Regulatory Bodies / Societies (Valid copy of
accreditation/membership should be submitted along with the Technical bid.
Bank reserves the right to verify the same.
3. Bidder should not have been barred by any Department of Government, RBI,
IBA, Commercial Bank, etc. or any other regulatory authority. An undertaking
in this regard to be submitted along with the Technical bid.
4. An undertaking / declaration that there is No vigilance / black listing / court
case in respect of the Bidder.
5. The Bidder must have successfully completed at least 2 customer surveys with
a minimum sample size of not less than 2000, for its Institutional clients
(Financial/Non-Financial) since FY 2018-19 till date. Self-certified copies
of the Work Completion certificate/letter of the Institutions to be furnished
along with the technical bid.
6. The bidder must have an adequate workforce and logistic set up to take up an
15
All-India survey with a sample size of at least 3000. A declaration to this effect
to be submitted along with the Technical bid.
7. The bidder must have its office/branch/representative office in Mumbai with
full address and contact details of its authorized people based in Mumbai.
Details to be furnished in writing along with the Technical bid.
8. An Unconditional Acceptance of Bank’s Terms and Conditions
9. Fulfillment of Eligibility Criteria on the Bidder’s letter head.
10. Self-certified Copies of GST Registration certificate, PAN, other statutory
license/certificate.
11. Certified true copy of Board Resolution towards authorizing the signatory to
sign all documents in respect of RFP including the financial bid.
12. No vigilance/black listing/court case declaration.
13. 5 years’ experience certificate
14. Technical Bid – Separate Envelope
15. Commercial Bid Format – Separate Envelope
16. 3 order details with more than 20 racks in any PSBs / PSUs / Banks during the
last 2 years
17. Work Completion Certificate/Letter of satisfaction issued by the
Institutional clients / PSUs/ PSBs / Banks during the last two years.
The above details are MANDATORY, without which the Bids are liable to be
rejected
16
Financial Bid
The Financial Bid must be submitted in a separate sealed envelope. Both the sealed
envelopes (Technical and Financial bids) must be put in a bigger envelope/cover duly
sealed and also super-scribed. The bigger envelope/cover to be submitted/ dropped in
the Drop box kept for the purpose at the place mentioned in the RFP.
Important Points to Note
1. Before bidding, the Bidders are requested to carefully examine the Bid
Documents and the terms and conditions of the contract thereof, and if there
appears to be any ambiguity, gap(s) and/or discrepancy between any of the Bid
Documents they should forthwith refer the matter to Bank for necessary
clarifications and / or confirmation.
2. The Bidder shall complete in all respects, form(s) annexed to the Bid
Documents, quote the prices, furnish the information called for therein, and
sign and date each of the documents in the relevant space provided therein for
the purpose. The Bidder shall initial each page of the Bid Documents.
3. The bid shall be properly signed by a person or persons duly authorized by the
Bidder with signature duly attested. In the case of a body corporate, the bid shall
be signed by the duly authorized officers and supported by requisite internal
corporate authorizations. The bid submitted in case of a consortium shall be
rejected without assigning any reason thereof.
4. The bid shall contain the full name, address, telephone no.(mobile no and
landline), fax no. and E-mail ID, if any, of Bidder for facilitating
communications including notices to be given to the Bidder in connection with
the bid transaction.
5. The Bid forms and the Documents attached to it shall not be detached or
removed one from the other and no alteration (s) or mutilation (s) (other than
filling in all the blank spaces) shall be made in any of the Bid Documents
attached thereto. Any alterations or changes to the entries in the attached
documents shall be made by a separate covering letter, in the absence of which
17
it shall be rejected. Any decision in this regard by Bank shall be final,
conclusive and binding on the Bidder.
6. The Bidder shall bear all costs for the preparation and submission of the Bid
Documents. Bank shall not be responsible or liable for
reimbursing/compensating these costs, regardless of the conduct or outcome
of the bidding process.
7. The Bid Security as specified in Section I should be paid along with the Bid
Document during submission. Bids without the Bid Security shall be rejected.
8. The Bidder, irrespective of his/her participation in the bidding process, shall
treat the details of the documents as secret and strictly confidential.
9. Bank reserves the right to adjust arithmetical or other errors in the bid, in the
manner in which Bank considers appropriate or deem fit. Any adjustments so
made by Bank shall be stated to the Bidder, if Bank makes an offer to accept his
bid. The final decision as to any error manifest or otherwise shall be at the sole
discretion of Bank and shall be final, conclusive and binding on the Bidder.
10. The bid prepared by the Bidder, as well as all correspondence and documents
relating to the bid exchanged by the Bidder and Bank and supporting
documents and printed literature shall be in English.
11. The Bidder shall submit their offers strictly in accordance with the terms and
conditions of the Bid Documents. Any Bid, which stipulates conditions
contrary to the terms and conditions given in the Bid Documents, shall be
rejected. Any decision in this regard by Bank shall be final, conclusive and
binding on the Bidder.
12. The Bidder cannot quote for the project in part.
13. Bank is not bound to accept the lowest or any bid and has the right to reject
any bid without assigning any reason whatsoever. Bank also reserves the right
to cancel /call off /re-issue/ re-commence the bid/bid process. Any decision in
this regard by Bank shall be final, conclusive and binding on the Bidder.
18
14. The Bidder is expected to examine and follow all instructions, forms, terms &
conditions, and scope of work in the Bid Document. Failure to furnish
complete information in all respects required by the Bid Document or
submission of a bid not substantially responsive to the Bid Document in every
respect will be at the Bidder's risk and may result in the rejection of the Bid by
Bank. Any decision in this regard by Bank shall be final, conclusive and
binding on the Bidder.
15. The Bidder shall prepare the bid based on details provided in the Bid
documents. It must be clearly understood that the quantities, specifications and
drawings are intended to give the Bidder an idea about the order, type, scale
and magnitude of the work and are not in any way exhaustive and guaranteed
by Bank.
Bank reserves the sole right to itself for including any addendum to this entire bid
process. The Bidders shall not claim as a right for requiring Bank to do the aforesaid.
Clarification of Bid Document
Any prospective Bidder requiring clarification of the Bid Document may notify Bank
through its official e-mail to the Bank at [email protected] . Bank will respond
on email, to any request for clarification of the Bid Document, received not later than
the date specified by the Bank in its initial email sent to the prospective bidders
requesting for proposal (RFP).
Language of Bids
The Bids prepared by the Bidder and all correspondence and documents relating to the
bids exchanged by the Bidder and Bank, shall be written in the English language.
Bid prices:
1. The Bidder shall indicate the unit prices and total Bid Prices of the services, it
proposes to provide under the Contract.
2. The prices quoted should be written both in figures and words. In case of any
19
discrepancy, the price mentioned in words will be treated as correct and will
be relied upon.
3. The total price quoted must be inclusive of cost of supply and providing
services during the service period. The prices quoted will be inclusive of all
applicable taxes including GST , levies, charges, Road Permits/Entry Tax,
payable will be exclusive as applicable at actual on submission of original
Octroi receipt, drawn in the name of “IDBI Bank Ltd”. Applicable taxes would
be deducted at source, if any, as per prevailing rates.
4. The prices quoted should be valid for the period of 90 days from the date of
award of the contract or till the successful completion of the work as mentioned
in the acceptance certificate mentioned in Section III.
5. The unit prices quoted in Price Bid will be used to calculate charges for further
orders over and above the projected quantities, if any. The prices quoted will
be applicable for adhoc requests also, if any.
6. In the absence of above information a bid may be considered incomplete and
summarily rejected. Any decision in this regard by Bank shall be final,
conclusive and binding on the Bidder.
7. Bidder shall carry out the supply and implementation of equipment strictly in
accordance with the requirements detailed under the Scope of Work of the Bid
document and it shall be the responsibility of the Bidder to fully meet all the
requirements of the Bid document and to complete the Work duly operable and
safe as per the best industry practice.
Firm Prices
Prices quoted must be firm and final and shall not be subject to any re-openers or
upward modifications, on any account whatsoever including revision in taxes, duties,
levies, charges etc. The Bid Prices shall be indicated in Indian Rupees (INR) only.
Any decision in this regard by Bank shall be final, conclusive and binding on the
Bidder.
20
Bidder Qualification
1. The "Bidder" as used in the Bid Documents shall mean the one who has signed
the Bid Form. The Bidder may be either the Principal Officer or his duly
Authorized Representative, in which case he/she shall submit a certificate of
authority. All certificates and documents (including any clarifications sought
and any subsequent correspondences) received hereby, shall, as far as possible,
be furnished and signed by the Authorized Representative and the Principal
Officer.
2. It is further clarified that the individual signing the Bid or other documents in
connection with the bid must certify whether he/she signs as Constituted
Attorney of the firm / company.
3. The Bidder shall sign the bid with the exact name of the firm to whom the
contract is to be issued. The bid shall be duly signed and sealed by an executive
officer of the Bidder’s organization. Each bid shall be signed by a duly
authorized officer.
4. The Bidder shall clearly indicate their legal constitution and the person signing
the bid shall state his capacity and also source of his ability to bind the bidder.
5. The power or authorization, or any other document consisting of adequate proof
of the ability of the signatory to bind the Bidder shall be annexed to the bid.
Bank may reject outright any bid not supported by adequate proof of the
signatory’s authority.
Period of Validity of Bids
1. Bids should be valid for 90 (ninety) days from the last date of submission. A bid
valid for a shorter period may be rejected by Bank as non- responsive. Any
decision in this regard by Bank shall be final, conclusive and binding on the
Bidder.
2. In exceptional circumstances, Bank may solicit the Bidder's consent to an
extension of the period of validity. The request and the responses thereto shall
be made in writing. The validity of Bid Security provided shall also be suitably
extended. A Bidder may refuse the request without forfeiting its Bid Security.
21
A Bidder granting the request will not be permitted to modify its bid. Any
decision in this regard by Bank shall be final, conclusive and binding on the
Bidder.
Format and Signing of Bid
1. The Bidder shall submit Only One Original set of the bid.
2. The original bid shall be typed or written legibly. The original shall be signed
by the Bidder or a person or persons duly authorized to bind the Bidder to the
Contract.
3. The bid shall contain no interlineations, erasures or overwriting except as
necessary to correct errors made by the Bidder, in which case such corrections
shall be initialed by the authorized person or persons signing the bid.
4. The bid should be a complete document and should be bound as a volume. The
document should be printed on one side only with page numbers and
appropriately flagged and contain the list of contents with page numbers. The
deficiency in documentation may result in the rejection of the Bid. Any
decision in this regard by Bank shall be final, conclusive and binding on the
Bidder.
5. Each page should be stamped and initialed by authorized signatory.
6. The Bidders shall seal and mark the Bid accordingly.
7. If the outer cover of the bid is not sealed and marked appropriately, Bank will
assume no responsibility for the bid's misplacement or premature opening.
Local Conditions
1. It will be imperative on each Bidder to fully acquaint himself with the local
conditions and factors, which would have any effect on the performance of the
contract and / or the cost.
2. The Bidder and any of their personnel or agents / subcontractors will be
granted permission by Bank to enter upon its premises and lands for the
purpose of such inspection, but only upon the express condition that the
22
Bidder, their personnel and agents/ subcontractors shall be responsible for
personal injury (whether fatal or otherwise), loss of or damage to life, property
and other loss damage, costs and expenses.
3. It will be imperative for each Bidder to fully inform themselves of all legal
conditions and factors which may have any effect on the execution of the
contract as described in the Bid Documents. Bank shall not entertain any request
for clarification from the bidder regarding such local conditions.
4. It is the responsibility of the Bidder that such factors have properly been
investigated and considered while submitting the bid proposals and that no
claim whatsoever including those for financial adjustment to the contract
awarded under the Bid Documents will be entertained by Bank and that neither
any change in the time schedule of the contract nor any financial adjustments
arising thereof shall be permitted by Bank on account of failure of the bidder
to appraise themselves of local laws / conditions.
Last Date for Receipt of Bids
1. Bids will be received by Bank on the date and at the address specified under
Section I.
2. In the event of the specified date for the receipt of Bids being declared a
holiday for Bank, the Bids will be received up to the appointed time on the
next working day.
Late Bids
Any bid received by Bank after the last date for receipt of bids prescribed by Bank,
will be rejected and/or returned unopened to the Bidder. Any decision in this regard
by Bank shall be final, conclusive and binding on the Bidder.
Modification and Withdrawal of Bids
1. The Bidder may modify or withdraw its bid after the bid's submission,
provided that written notice of the modification or withdrawal is received by
Bank prior to the last date prescribed for submission of bids.
2. The Bidder should submit its modified bid in wholesome as a replacement of its
23
previous bid.
3. The Bidder's modification or withdrawal notice shall be prepared, sealed,
marked and dispatched in accordance with the provisions of this document.
4. No bid may be modified subsequent to the last date for receipt of bids.
5. No bid may be withdrawn in the interval between the last date for receipt of
bids and the expiry of the bid validity period specified by the Bidder in the Bid.
Withdrawal of a bid during this interval may result in the Bidder’s forfeiture of its
Bid Security.
Address for Correspondence
The Bidder shall designate the official mailing address, place and fax number to
which all correspondence shall be sent by Bank.
Opening of Bids
1. On the basis of information furnished in the Technical Bid, Bidders will be
qualified and shortlisted. The bids of Bidders, who do not qualify at this stage,
will not be taken up for further evaluation.
2. Only technically qualified (shortlisted) Bidders will be allowed to participate
in Financial bid.
The Bidders' names, modifications, bid withdrawals and the presence or absence
of the requisite Bid Security and such other details as Bank, at its discretion, may
consider appropriate or deem fit will be announced at the bid opening.
Clarifications
When deemed necessary, Bank may seek clarifications on any aspect from the Bidder.
However, that would not entitle the Bidder to change or cause any change in the
substance of the bid submitted or price quoted.
Preliminary Examination
1. Bank will examine the bids to determine whether they are complete, whether
any computational/arithmetical errors have been made, whether required Bid
Security has been furnished, whether the Bid Documents have been properly
24
signed, and whether the bids are generally in order.
2. Arithmetical errors will be rectified on the following basis. If there is a
discrepancy between the unit price and the total price that is obtained by
multiplying the unit price and quantity, the unit price shall prevail and the total
price shall be corrected. If the Bidder does not accept the correction of the
errors, its bid will be rejected. Any decision in this regard by Bank shall be
final, conclusive and binding on the Bidder. If there is a discrepancy between
words and figures, the amount in words will prevail.
3. A bid determined as not substantially responsive will be rejected by Bank and
may not subsequently be made responsive by the Bidder by correction of the
nonconformity. Any decision in this regard by Bank shall be final, conclusive
and binding on the Bidder.
4. Bank may waive any minor informality or nonconformity or irregularity in a
bid, which does not constitute a material deviation, provided such waiver, does
not prejudice or affect the relative ranking of any Bidder.
Contacting Bank
1. No Bidder shall contact Bank on any matter relating to its bid, from the time
of the bid opening to the time the Contract is awarded.
2. Any effort by a Bidder to influence Bank's bid evaluation, bid comparison or
contract award decisions may result in the rejection of the bid.
Post Qualification
1. Bank will determine to its satisfaction whether the Bidder selected as having
submitted the best-evaluated responsive bid is qualified to satisfactorily
perform the Contract. Any decision in this regard by Bank shall be final,
conclusive and binding on the Bidder.
2. This determination will take into account the Bidder's financial, technical,
implementation and post-implementation capabilities and track record. It will
be based upon an examination of the documentary evidence submitted by the
Bidder.
25
3. An affirmative determination will be a prerequisite for award of the Contract
to the Bidder. A negative determination will result in rejection of the bid, in
which event; Bank will proceed to the next best-evaluated bid to make a
similar determination of that Bidder's capabilities to perform satisfactorily.
Any decision in this regard by Bank shall be final, conclusive and binding on
the Bidder.
Bid Evaluation Criteria (BEC)
1. To meet Bank's requirements, as spelt out in the Bid Document, the selected
Bidder must have the requisite experience and expertise in conducting the
desired All India survey on the Retail Internet Banking User Interface and User
Experience, more specifically defined in the Scope of Work / Statement of
Work (given in Section V).
2. The selected Bidder must have an adequate workforce and the required logistic
/ infrastructure in place, to accomplish the given assignment and provide the
services sought by Bank for DR Site/period of the contract.
3. The Bank reserves the right to modify / amend the evaluation process at any
time during the Bid process, without assigning any reason, whatsoever, and
without any requirement of intimating the Bidders of any such change. Any time
during the process of evaluation Bank may seek specific clarifications from
any or all Bidders.
Financial Bidding Process
In this phase, Commercial bids will be opened of the shortlisted Bidders who
are technically qualified. The date and time would be provided to the shortlisted
Bidders separately.
Bank shall however not bind itself to accept the lowest bid or any bid and
reserves the right to accept any bid, wholly or in part.
Bank's Right to Accept Any Bid and to Reject Any or All Bids
Bank reserves the right to accept / reject any bid and to annul the Bid process at any
time prior to award of Contract, without thereby incurring any liability to the affected
26
Bidder or Bidders or any obligation to inform the affected Bidder or Bidders of the
grounds for Bank's action. Any decision in this regard by Bank shall be final,
conclusive and binding on the Bidder.
Acceptance of Bid
Prior to the expiration of the period of bid validity, Bank will notify the successful
Bidder in writing, that its bid has been accepted.
Signing of Contract
1. After Bank notifies the successful Bidder that its bid has been accepted; the
Bidder should sign the Agreement / Contract Form . The Agreement/
Contract form would be signed in Mumbai only (given in Section V).
2. The successful Bidder shall sign the Agreement / Contract Form at
Mumbai within 07 days of receipt of notification of award of contract.
27
Section III
Definitions
In this Contract, the following terms shall have the following meanings and shall be
interpreted accordingly:
1. "The Contract" means the Service Level Agreement (SLA) entered into between IDBI
Bank Ltd. (the “Bank”) and the Bidder as recorded in the contract form duly signed
by the Parties, including all annexure, schedules, exhibits, supplements, appendices,
amendments, revisions, notations and modifications thereof for the execution of the
contract.
2. “Bidder" or "Contractor” means any person / persons / firm / company, etc., to whom
work has been awarded and whose Bid has been accepted by the Bank and shall
include its authorized representatives, successors and permitted assignees.
3. "The IDBI Bank Ltd" expression shall include its successors and assigns also.
4. "The Contract Price" means the price/compensation payable to the Bidder under and
in accordance with the Contract for the due performance and observance of its
contractual obligations under and in accordance with the Contract.
5. "Service(s)" means all the services, which the Bidder is required to provide and/or to
procure to the Bank under and in accordance with the Contract.
6. In case of a difference of opinion on the part of the Bidder in comprehending and
/or interpreting any clause / provision of the Bid Documents after submission of the
Bid, the interpretation by the Bank and decision of the Bank in this behalf shall be
final, conclusive and binding on the Bidder.
7. “Acceptance of Bid” means the letter/fax or any memorandum communicating to the
Bidder the acceptance of his Bid and includes an advance acceptance of his Bid.
8. “Business Day” means any day that is not a Sunday or a public holiday (as per the
official holidays observed by IDBI Bank Ltd).
9. "Confidential Information" means, (i) IDBI Bank standard/special security
28
procedures and systems at various locations intellectual property information
including Intellectual Property Information; (ii) technical or business information or
material not covered in (i); (iii) proprietary or internal information related to Bank’s
customers / constituents / the current, future and proposed products or services of the
Bank including, financial information, process/flow charts, business models, designs,
drawings, data information related to products and services, procurement
requirements, purchasing, customers, investors, employees, business and contractual
relationships, business forecasts, business plans and strategies, information the Bank
provide regarding third parties and its customers ; (iv) information disclosed pursuant
to this Contract and (v) all such other information which by its nature or the
circumstances of its disclosure is confidential.
10. “Document” means embodiment of any text or image howsoever recorded and
includes any data, text, images, sound, voice, codes, computer programmes, software
and / or databases or microfilm or computer generated microfiche or similar device.
11. “Effective Date” means the date on which this Contract is signed and executed by the
Parties hereto. If this Contract is executed in parts, then the date on which the last of
such Contracts is executed shall be construed to be the Effective Date.
12. “Intellectual Property Rights” means any patent, copyright, trademark, trade name,
design, trade secret, permit, service marks, brands, propriety information, knowledge,
technology, licenses, databases, computer programs, software, know how or other form
of intellectual property right, title, benefits or interest whether arising before or after
the execution of this Contract and the right to ownership and registration of these
rights.
13. “Parties” means the Bank and the Bidder and “Party” means either of the Parties.
Interpretation
In this Contract unless a contrary intention is evident:
1. The clause headings are for convenient reference(s) only and do not form part of this
Contract;
29
2. Unless otherwise specified a reference to a clause number is a reference to all of its
sub-clauses;
3. Unless otherwise specified a reference to a clause, sub-clause or section is a reference
to a clause, sub-clause or section of this Contract including any amendments or
modifications to the same from time to time;
4. A word in the singular includes the plural and a word in the plural includes the
singular;
5. A word importing a gender includes any other gender;
6. A reference to a person includes a partnership and a body corporate;
7. A reference to legislation includes legislation repealing, replacing or amending that
legislation;
8. Where a word or phrase is given a particular meaning it includes the appropriate
grammatical forms of that word or phrase which have corresponding meanings;
9. Reasonability and materiality of "doubt" and "controversy" shall be at the discretion
of IDBI Bank Ltd.
10. The words not expressly defined herein shall have meanings ascribed to them in the
General Clauses Act, 1897 and the Information Technology Act, 2000.
Conditions Precedent
This Contract is subject to the fulfillment of the following conditions precedent by
the Bidder.
1. Execution of a Deed of Indemnity as per format given in Section V.
2. Obtaining of all statutory, regulatory and other approvals, consents and no-
objections required for the performance of the Services under and in accordance with
this Contract.
3. Furnishing solvency certificate and certificate confirming that there are no
vigilance or court cases threatened or pending against the Bidder.
4. Furnishing of such other documents as the Bank may specify, including but not
limited to definitive documents.
30
Due Diligence
The Bidder is expected to examine all instructions, forms, terms and specifications in
this RFP and study the Bid Document carefully. Bid shall be deemed to have been
submitted after careful study and examination of this RFP with full understanding of
its implications. Each Bidder should, at its own costs without any right to claim
reimbursement, conduct its own investigations, analysis and should check the
accuracy, reliability and completeness of the information in this RFP and wherever
felt necessary obtain independent advice. The Bid should be precise, complete and in
the prescribed format as per the requirement of this RFP. Failure to furnish all
information required by this RFP or submission of a Bid not responsive to this RFP in
each and every respect shall be at the Bidder’s own risk and may result in rejection of
the Bid and for which the Bank shall not be held responsible. Any decision taken by
IDBI Bank as to completeness of the Bid and/or rejection of any / all Bid(s) shall be
final, conclusive and binding upon the Bidder(s) and shall not be question / challenged
by the Bidder(s).
Use of Contract Documents and Information
1. The Bidder shall treat all documents, information, data and communication of and
with the Bank as privileged and confidential and shall be bound by the terms and
conditions of the Non-Disclosure Agreement, draft of which is given in Section V.
The Bidder shall execute this Non-Disclosure Agreement simultaneously at the time
of execution of this Contract. The Bidder shall not, without Bank’s prior written
consent, disclose the Contract, or any provision thereof, or any specification, plan,
sample or information or data or drawings / designs furnished by or on behalf of the
Bank in connection therewith, to any person other than a person employed by the
Bidder in the performance of the Contract. Disclosure to any such employed person
shall be made in utmost confidence and shall extend only so far as may be necessary
and relevant for purpose of such performance and shall be subject to the terms and
conditions of the Non-Disclosure Agreement.
2. The Bidder shall not, without Bank’s prior written consent, make use of any
document, data or information etc., enumerated in this Bid Documents save and except
for due performance and observance of the Contract.
31
3. Any document, other than the Contract itself, enumerated in this Bid Documents shall
remain the property of the Bank and shall be returned (in all copies) to the Bank on
completion of the Bidder's performance under and in accordance with the Contract,
if so required by the Bank.
4. The Bidder shall sign the Non-Disclosure Agreement as per format provided in
Section V.
Indemnity
The Bidder shall execute and furnish to the Bank , a deed of indemnity in favour of the
Bank in a form and manner, prescribed by the Bank, indemnifying the Bank and its
officers, directors, employees, agents and representatives from and against any costs,
loss, damages, expense, claims, litigations, suits, actions, judgements, and or
otherwise including but not limited to those from third parties or liabilities of any kind
howsoever suffered and without limitation, reasonable attorneys’ fees) which are
arising out of or incurred inter alia during and/ or after the period of the conducting
customer survey by the Bidder / its officers/ employees/ agents / consultants / advisors
/ security analysts, representatives and/or otherwise.
Survival of Indemnity
The responsibility to indemnify set forth hereinabove shall survive the termination of
this Contract for any reason with regard to any indemnity claims arising in relation
to the performance hereof.
Relationship between the Parties:
The Bidder shall serve as an independent Service Provider to the Bank. Nothing in this
Contract constitutes any fiduciary relationship between the Bank and the Bidder or
any relationship of employer - employee, principal and agent, or partnership pooling
or joint venture, between the Parties. No Party has any authority to bind the other
Party in any manner whatsoever except as agreed under the terms of contract. The
Bank has no obligations to the Bidder’s team except as agreed under the terms of this
Contract. The personnel or employees, to be deployed by the Bidder for conducting
the assignment, shall be employed solely by the Bidder and governed by terms of the
employment entered by the Service Provider with them. The personnel, employees,
32
consultants, advisors, have no authority / right to bind the Bank in any manner
whatsoever.
Intellectual Property Rights and Patent Rights
1. Bank shall own and have a right in perpetuity to use all Intellectual Property Rights
which have arisen out of or in connection with the implementation of this Contract,
including all processes and products which have been developed by the Bidder during
the performance of Services and for the purposes of inter-alia use of such Services
under this Contract. The Bidder undertakes to disclose all Intellectual Property Rights
arising out of or in connection with the performance of the Services to the Bank and
execute all such agreements/documents and file all relevant applications, effect
transfers and obtain all permits, approvals, consents and no objections that may be
necessary in this regard to effectively transfer and conserve the Intellectual Property
Rights of the Bank.
2. Further, the Bidder shall be obliged to ensure that all approvals, consents, no
objections, registrations, licenses, permits and rights which are inter-alia necessary
for use of the information technology system installed by the Bidder, shall be acquired
in the name of the Bank, prior to termination of this Contract and which shall be
assigned by the Bank if necessary under the applicable laws or otherwise to the
/Bidder for the purpose of execution of any of its obligations under the terms of the
Bid, or this Contract. However, subsequent to the term of this Contract, such
approvals, consents, no objections, registrations, licenses, permits and rights etc., shall
ensure to the exclusive benefit of the Bank.
3. The Bidder shall ensure that while it uses any software, hardware, processes or
material in the course of performing the Services, it does not infringe the Intellectual
Property Rights of any person and the Bidder shall keep the Purchaser indemnified
against all costs, charges, expenses, liabilities, claims, damages, litigations, suits,
judgements and/or otherwise howsoever, arising out of any illegal or unauthorized use
(piracy) or in connection with any claim or proceedings relating to any breach or
violation of any permission/license terms or infringement of any Intellectual Property
Rights by the Bidder during the course of performance of the Services.
33
Warranty
(a) The Bidder further represents and warrants that in terms of its constitutional
documents i.e. Memorandum and Articles of Association, the Bidder has the
power to provide the nature of Services and all Services rendered are in
accordance with the terms and requirements of this Contract.
(b) The Bidder further warrants that it has obtained all applicable permissions,
licenses, permits and consents required to provide the Services under this
contract and same are valid and subsisting and that the Services shall be
provided in compliance with all Applicable Laws and the provision of the
Services shall not result in the breach of any Applicable Laws.
Remedy of Deficiency in Services
If the Bidder having been notified fails to remedy the defect(s) within the period
specified in Section IV, the Bank may proceed to take such remedial action as may
be necessary, at the Bidder's risk and expense and without prejudice to any other
rights, which the Bank may have against the Bidder under and in accordance with
this Contract.
No Assignment
The contract cannot be transferred or assigned by the Bidder without the prior written
approval of the Bank.
Governing Law
This Contract shall be governed and construed in accordance with the laws of India.
These provisions shall survive the Contract.
Jurisdiction of Courts
The courts of Mumbai shall have exclusive jurisdiction to determine any proceeding
in relation to this Contract. These provisions shall survive the Contract.
Penalty
The Bidder shall be liable to pay monetary penalties to the Bank for delayed services,
deficient services, or inadequate services or interruption in the services for reasons
attributable to the Bidder provided all required support and approvals are given to the
34
Bidder in time. There will be 2% penalty per parameters imposed for not achieving any
of 19 parameter of the agreement with an upper limit of maximum of 10% penalty on
the overall price of the contract. It is clarified that penalties imposed under and
pursuant to this clause from time to time shall not in any case exceed 10% of the
contract price. Any such recovery of penalty shall not in any way relieve the Bidder
from any of its obligations to complete the survey or from any other obligations and
liabilities under this RFP / agreement.
Conflict of interest
The Bidder shall disclose to the Bank in writing, all actual and potential conflicts of
interest that exist, arise or may arise (either for the Bidder or the Bidder’s team) in the
course of performing the Services as soon as practical after it becomes aware of that
conflict.
Term and Extension of the Contract
The term of contract shall be 45 days from the date of signing of agreement.
The Bank shall reserve the sole right to grant any extension to the term above
mentioned and shall notify in writing to the Bidder, at least 7 days before the
expiration of the term hereof, whether it will grant the Bidder an extension of the
term. The decision to grant or refuse the extension shall be at the sole discretion of
Bank.
Termination
Notwithstanding the provisions of the Contract and/or the Bid Documents the Bank,
by written notice sent to the Bidder, may terminate the Contract, in whole or in part, at
any time for its convenience, without assigning any reasons whatsoever. The notice of
termination shall specify that termination is for Bank’s convenience, the extent to which
performance of the Bidder under and in accordance with the Contract is terminated,
and the date upon which such termination becomes effective.
Consequences of Termination
1. In the event of termination of this Contract due to any cause whatsoever, [whether
consequent to the stipulated term of the Contract or otherwise] the Bank shall be
entitled to impose any such obligations and conditions and issue any clarifications
35
as may be necessary to ensure an efficient transition and effective business
continuity of the survey which the Bidder shall be obliged to comply with and take
all available steps to minimize loss resulting from that termination/breach, and
further allow the successor Bidder to take over the obligations of the erstwhile
Bidder in relation to the execution/continued execution of the scope of this
Contract.
2. In the event that the termination of this Contract is due to the expiry of the term
of this Contract / a decision not to grant any (further) extension by the Bank, the
Bidder herein shall be obliged to provide all such assistance to the successor Bidder
or any other person as may be required and as the Bank may specify including
training, where the successor(s) is a representative/personnel of the Bank to enable
the successor to adequately provide the Services hereunder, even where such
assistance is required to be rendered for a reasonable period that may extend
beyond the term/earlier termination hereof.
3. Nothing herein shall restrict the right of the Bank to enforce the Deed of Indemnity
and pursue such other rights and/or remedies that may be available to the Bank under
law or otherwise.
4. The termination hereof shall not affect any accrued right or liability of either Party
nor affect the operation of the provisions of this Contract that are expressly or by
implication intended to come into or continue in force on or after such termination.
5. In the event of termination of this Contract due to any cause whatsoever, [whether
consequent to the stipulated term of the Contract or otherwise] the Bidder is
obliged to transfer the legal ownership of such property that is supplied and
installed at Bank’s locations for the purpose of completion of the survey to
the Bank for a total consideration of Rs. at the time of
expiration of the term of this Contract. If this Contract is terminated prior to the
completion of the survey, the Bidder shall be obliged to transfer the ownership of
the equipment and licenses thereon to operate in the existing Data Center, Disaster
Recovery Site, LAN and WAN infrastructure provided under this contract to the
Bank.
36
6. Termination survives the Contract.
Dispute Resolution
The Parties shall use their best efforts to amicably settle all disputes arising out of or
in connection with this contract in the following manner:
(i) The Party raising the dispute shall address to the other Party a notice
requesting an amicable settlement of the dispute within ten (10) days of receipt of the
notice.
(ii) The matter will be referred for negotiation between authorized representative
of the Bank and authorized representative of the Bidder. The matter shall then be
resolved by them and the agreed course of action documented within a further period
of 10 days.
The Parties agree that any dispute between the Parties, which cannot be settled by
negotiation in the manner, described above, may be resolved exclusively by
arbitration and such dispute may be submitted by either party to Arbitration within 30
days of the failure of negotiations. Arbitration shall be held in Mumbai, India and
conducted in accordance with the provision of Arbitration and Conciliation Act, 1996
or any statutory modification or re-enactment thereof. Each Party to the dispute shall
appoint 1 arbitrator each and the two Arbitrators shall jointly appoint the third or the
presiding Arbitrator. The Arbitration Proceedings shall be conducted in the English
language. Subject to the above, the courts of law at Mumbai alone shall have the
jurisdiction in respect of all matters connected with the Contract. The Arbitration
Award shall be final, conclusive and binding upon the Parties and judgment may be
entered thereon, upon the application of either party to a Court of competent
jurisdiction. Each Party shall bear the cost of preparing and presenting its case, and
the cost of arbitration, including fees and expenses of the arbitrators, shall be shared
equally by the Parties unless the award otherwise provides.
The Bidder shall not be entitled to suspend the provision of the Services or the
completion of the job, pending resolution of any disputes between the Parties and
shall continue to render the Services in accordance with the provisions of the Contract
notwithstanding the existence of any dispute between the Parties or the subsistence of
37
any arbitration or other proceedings.
The provision under this section survives the Contract.
Progress of Survey
The Bidder shall submit progress report of survey in writing at the end of each 10
days to the Bank indicating the progress made till that date in respect of the survey.
Service Level Agreement
Before the expiry of the period of validity of the proposal, IDBI Bank shall notify the
successful Bidder in writing that its proposal has been accepted. The Bidder shall
acknowledge in writing receipt of the notification of acceptance and has to convey its
absolute, unconditional and unqualified acceptance and thereafter enter into
Agreement / Contract within seven days from the date of acceptance in the standard
draft of Service Level Agreement attached in this RFP.
Delays in the Bidder’s Performance
1. The survey shall be completed by the Bidder in accordance with the time schedule
prescribed by the Bank.
2. If at any time during performance of the Contract, the Bidder shall encounter
conditions / situations impeding timely completion of the survey, the Bidder shall
promptly notify the Bank in writing of the fact of delay, its likely duration and the
cause(s) thereof. As soon as practicable, after receipt of the Bidder’s notice, Bank
shall evaluate the condition/ situation, and consider, extending the Bidder’s time for
performance, with or without liquidated damages, in which case, the extension shall
be ratified by the Parties by written amendment of the Contract.
3. Except as provided in the above clause, a delay by the Bidder in the performance
of its obligations shall render the Bidder liable to the imposition of liquidated damages,
unless an extension of time is agreed upon without levying liquidated damages.
Liquidated Damages
1. If the Bidder fails to discharge the services within the time period(s) specified in the
Contract, the Bank shall, without prejudice to its other rights and remedies under
and in accordance with the Contract, deduct from the Contract price, as liquidated
38
damages, a sum equivalent to 1% percent per week or part thereof of respective
order cost subject to maximum deduction of 5% of the order value of the delayed
or unperformed services. In case of undue delay beyond a period of 15 days, unless
otherwise waived by the Bank, Bank in its discretion may consider termination of
the Contract. Please refer the Section IV.
2. If the Bidder fails to complete the survey before the scheduled completion date or
the extended date or if Bidder repudiates the Contract before completion of the
survey, the Bank may without prejudice to any other right or remedy available to
the Bank as under the Contract recover from the Bidder, as ascertained and agreed
liquidated damages and not by way of penalty:
The Bank may without prejudice to its right to effect recovery by any other
method, deduct the amount of liquidated damages from any money belonging to
the Bidder in its hands (which includes the Bank’s right to claim such amount
against Bidder’s Bank Guarantee) or which may become due to the Bidder. Any
such recovery or liquidated damages shall not in any way relieve the Bidder from
any of its obligations to complete the survey or from any other obligations and
liabilities under the Contract.
Addresses for Notices
1. All notices, requests, consents, waivers or other communication required or
permitted hereunder shall be in writing and shall be deemed properly served:
(i) if delivered by hand and received by an authorised employee or officer of the
Party, (ii) 3 (three) days after being given to a reputed courier with a reliable system
for tracking delivery, (iii) upon receipt of confirmation receipt when sent by
facsimile; or (iv) 14 (fourteen) days after the date of dispatch by certified or
registered mail, postage prepaid, return receipt requested; (v) when sent by
electronic mail. All notices and other communication shall be addressed as
follows:
39
In the case of the
Bank
IDBI Bank Limited CSPD, 19th floor, IDBI Tower,
WTC Complex,
Cuffe Parade, Mumbai – 400 005
Attn: Smt. Joyce Mascarenhas
Tel: +91-22-66553583
Email: [email protected]
In the case of the
Bidder
------------------------
Attn: Shri
Tel: +91-
Email:
Fax: +91-
A party may change its address and/or addressee for notification purposes at
any time during the term hereof by giving the other Party written notice in
accordance with the terms hereof and the date on which such change will become
effective.
40
Taxes and Duties
1. Bidder will be entirely responsible for all applicable taxes, duties, levies, imposts,
costs, charges, license fees, road permits etc., in connection with delivery of
equipment at site including incidental services and commissioning. Payment of
octroi /entry tax, if applicable, will be made at actual, on production of suitable
evidence of payment by the Bidder.
2. Income / Corporate taxes in India: The Bidder shall be liable to pay all corporate
taxes and income tax that shall be levied according to the laws and regulations
applicable from time to time in India and the Price Bid by the Bidder shall include
all such taxes in the Contract price.
3. Tax deduction at Source: Wherever the laws and regulations require deduction of
such taxes at the source of payment, the Bank shall effect such deductions from
the payment due to the Bidder. The remittance of amounts so deducted and
issuance of certificate for such deductions shall be made by the Bank as per the
laws and regulations in force. Nothing in the Contract shall relieve the Bidder
from his responsibility to pay any tax that may be levied in India on income and
profits made by the Bidder in respect of this Contract.
4. The Bidder’s staff, personnel and labour will be liable to pay personal income taxes
in India in respect of such of their salaries and wages as are chargeable under the
laws and regulations for the time being in force, and the Bidder shall perform such
duties in regard to such deductions thereof as may be imposed on him by such
laws and regulations.
5. The Bidder shall also be responsible for having his sub-Bidder(s) under this sub-
contract(s) on account of payment received by the sub-Bidder(s) from the Bidder
for works done under the sub-Bidder(s) for which Purchaser will in no case bear
any responsibility. It shall be the responsibility of the Bidder to submit to the
concerned Indian authorities the returns and all other connected documents
required for this purpose. The Bidder shall also provide
41
the Purchaser such information, as it may be required in regard to the Bidder’s
details of payment made by the Purchaser under the Contract for proper
assessment of taxes and duties. The Bidder and his sub-Bidder(s) or their
personnel shall bear all the taxes if any, levied on the Bidder’s, sub- Bidder’s and
Bidder’s personnel. The amount of tax withheld by the Purchaser shall at all times
be in accordance with Indian Tax Law and the Purchaser shall promptly furnish to
the Bidder original certificates (Challans) for tax deduction at source and paid to
the Tax Authorities.
6. The Bidder agrees that he and his sub-Bidder(s) shall comply with the Income-tax
Act in force from time to time and pay Income -tax, as may be imposed / levied
on them by the Indian Income Tax Authorities, for the payments received by them
for the works under the Contract.
7. Should the Bidder fail to submit returns/pay taxes in times as stipulated under the
Income -tax Act and consequently any interest or penalty is imposed by the
Income-tax authority, the Bidder shall indemnify the Bank against any and all
liabilities or claims arising out of this Contract for such taxes including interest
and penalty any such Tax Authority may assess or levy against the Bank/ Bidder.
Bidder’s Integrity
The Bidder is responsible for and obliged to conduct all contracted activities strictly
in accordance with Contract using state-of-the-art methods and economic principles
and exercising all means available to achieve the performance specified in the
Contract.
Bidder’s Obligations
1. The Bidder is obliged to work closely with Bank’s staff, act within its own
authority and abide by directives / instructions issued by Bank from time to
time. The Bidder will abide by the job safety measures prevalent in India and
will free the Bank from all demands or responsibilities arising
42
from accidents or loss of life, the cause of which is the Bidder’s negligence.
The Bidder will pay all indemnities arising there from and will not hold the
Bank responsible or obligated.
2. The Bidder would be required to install and implement the requisite support
and information technology infrastructure (mentioned in Section VI) to enable
the Bank to meet the operational objectives. It will be the Bidder’s
responsibility to ensure the proper and successful implementation and
continued operation of the proposed branch/ Sites/Hardware/Software.
3. In addition to the aforementioned, the Bidder shall perform the Services at
various locations specified by the Bank and establish the necessary
infrastructure, including but limited to setting up of the necessary facilities,
communication and computing equipment, LAN setup, service delivery
mechanism by qualified personnel and any other infrastructure as may be
necessary for the above mentioned purposes and other services as specified in
the tender and changes thereof.
4. The Bidder is responsible for managing the activities of its personnel and
/ or personnel working pursuant to its instructions and will hold itself
responsible for any misdemeanors. The Bidder will treat as confidential all
data and information about the Bank, obtained in the execution of his
responsibilities, in strict confidence and will not reveal such information to any
other party without the prior written approval of Purchaser.
Patent Rights
In the event of any claim asserted by a third party of infringement of trademark,
trade names, copyright, patent, intellectual property rights or industrial
drawing/design rights arising from the use of the Services/Systems or any part
thereof in India, the Bidder shall act expeditiously to extinguish such claim. If
the Bidder fails to comply and the Bank is required to pay compensation to a
third party resulting from such infringement, the Bidder shall be responsible for
the compensation including all expenses, court costs and lawyer fees. The Bank
will give notice to the Bidder of such claim, if it is made, without delay. Adherence
43
to safety procedures, rules regulations and restriction
1. Bidder shall comply with the provision of all laws including labour and industrial
laws, rules, regulations and notifications issued there under from time to time. All
safety and labour and industrial laws enforced by statutory agencies and by the
Bank shall be applicable in the performance of this Contract and Bidder shall abide
by these laws. The Bidder shall indemnify and keep indemnified and hold
harmless the Bank for any loss, damage, claims, costs, charges, expenses, etc.
arising out of and/or suffered on account of actions, litigations, proceedings, suits,
arising out of breach of the above laws.
2. Bidder shall take all measures necessary or proper to protect the personnel, work
and facilities and shall observe all reasonable safety rules and instructions.
3. The Bidder shall report as soon as possible any evidence, which may indicate or is
likely to lead to an abnormal or dangerous situation and shall take all necessary
emergency control steps to avoid such abnormal situations.
4. Bidder shall also adhere to all security requirement/regulations of the Bank during
the execution of the work.
Statutory Requirements:
During the tenure of this Contract nothing shall be done by the Bidder in
contravention of any law, act and/ or rules/regulations, there under or any amendment
thereof governing inter-alia customs, foreign exchange, etc., and shall keep Purchaser
indemnified in this regard.
Successful Bidder undertakes to promptly produce all records and information
relating to the Contract/this RFP for the purpose of inspection and audit of IDBIBank.
Successful Bidder shall provide access, to officers / employees / representatives /
agents or auditors of the Bank to the premises / places where such records are kept /
maintained. The Bank shall not be duty bound to give any prior notice to Successful
Bidder before carrying out the said inspection or audit.
The Successful Bidder agrees to allow officers of IDBI Bank to inspect and make
copies at their own cost, of the records relating to the Services performed / delivered
44
by the Successful Bidder, maintained by Successful Bidder pursuant to the
Contract/this RFP.
In regards to the above, the Regulators and Government Authorities including RBI
officials shall be entitled to conduct audits of the Successful Bidder at any point of
time.
Right of Inspection and Periodic Audit
The Bank reserves the right to inspect and monitor/assess the progress of the survey
at any time during the course of the Contract. The Bank may demand and upon such
demand being made, the Bank shall be provided with any document, data, material or
any other information, which it may require, to enable it to assess the progress of the
survey.
Contract Prices
Prices payable to the Bidder as stated in the Contract shall be firm and not subject to
adjustment during performance of the Contract, irrespective of reasons whatsoever,
including changes in taxes, duties, levies, charges, etc.
Information Security
1. The Bidder and its personnel shall not carry any written material, layout, diagrams,
floppy diskettes, hard disk, storage tapes or any other media out of Bank’s premise
without written permission from the Bank.
2. The Bidder personnel shall follow Bank’s information security policy and
instructions in this behalf.
3. Bidder acknowledges that Bank’s business data and other Purchaser proprietary
information or materials, whether developed by the Bank or being used by Bank
pursuant to a license agreement with a third party (the foregoing collectively
referred to herein as “proprietary information”) are confidential and proprietary to
the Bank; and Bidder agrees to use reasonable care to safeguard the proprietary
information and to prevent the unauthorized use or disclosure thereof, which care
shall not be less than that used by Bidder to protect its own proprietary information.
Bidder recognizes that the goodwill of Bank depends, among other things, upon
45
Bidder keeping such proprietary information confidential and that unauthorized
disclosure of the same by Bidder could damage the Bank’s goodwill / reputation.
By reason of Bidder’s duties and obligations hereunder, Bidder may come into
possession of such proprietary information, even though Bidder does not take any
direct part in or furnish the Services performed for the creation of said proprietary
information and shall limit access thereto to employees with a need to such access
to perform the Services required under this Contract. Bidder shall use such
information only for the purpose of performing the Services.
4. The Bidder shall, upon termination of this Contract for any reason, or upon
demand by the Bank, whichever is earliest, return any and all information
provided to Bidder by the Bank, including any copies or reproductions, both
hardcopy and electronic.
Confidentiality
The Parties agree that they shall hold in trust any Confidential Information identified
by the disclosing party as being confidential and received by either Party, under this
Contract, and the strictest of confidence shall be maintained in respect of such
Confidential Information. The Parties also agree:
i. to maintain and use the Confidential Information only for the purposes of this
Contract and only as permitted herein;
ii. to only make copies as specifically authorized by the prior written consent of the
other party and with the same confidential or proprietary notices as may be
printed or displayed on the original;
iii. to restrict access and disclosure of Confidential Information to such of their
employees, agents, vendors, and Bidders strictly on a "need to know" basis, to
maintain confidentiality of the Confidential Information disclosed to them in
accordance with this Clause and
iv. to treat Confidential Information as confidential for a period of five (5) years
from the date of receipt. In the event of earlier termination of this Contract, the
Parties hereby agree to maintain the confidentiality of the Confidential
Information for a further period of [two (2)] years from the date of such
46
termination
Confidential Information in oral form must be identified as confidential at the time of
disclosure and confirmed as such in writing within 30 days of such disclosure.
Confidential Information does not include information which:
[The recipient knew or had in its possession, prior to disclosure, without
limitation on its confidentiality;
i. is independently developed by the recipient without breach of this Contract;
ii. information in the public domain as a matter of law;
iii. is received from a third party not subject to the obligation of confidentiality
with respect to such information;
iv. is released from confidentiality with the written consent of the other party.
The recipient shall have the burden of proving that Clauses (i) or (ii) above are
applicable to the information in the possession of the recipient.
Notwithstanding the foregoing, the Parties acknowledge that the nature of the services
to be performed under this Contract may require the Bidder's personnel to be present
on premises of the Purchaser or may require the Bidder's personnel to have access to
computer networks and databases of the Bank while on or off premises of the Bank.
It is understood that it would be impractical for the Bank to monitor all information
made available to the Bidder under such circumstances and to provide notice to the
Bidder of the confidentiality of all such information. Therefore, the Bidder agrees that
any technical or business or other information of the Bank that the Bidder’s personnel,
sub-Bidders, or agents acquire while on the Bank’s premises, or through access to the
Bank’s computer systems or databases while on or off the Bank’s premises, shall be
deemed Confidential Information.
Confidential Information shall at all times remain the sole and exclusive property of the
disclosing Party. Upon termination of this Contract, Confidential Information shall
be returned to the disclosing Party or destroyed, if incapable of return. The destruction
shall be witnessed and so recorded, in writing, by an authorized representative of each
47
of the Parties. Nothing contained herein shall in any manner impair rights of the Bank
in respect of the Systems, Services, and Documents etc.
In the event that any of the Parties hereto becomes legally compelled to disclose any
Confidential Information, such Party shall give sufficient notice to the other Party to
enable the other Party to prevent or minimize to the extent possible, such disclosure.
Neither party shall disclose to a third party any Confidential Information or the
contents of this Contract without the prior written consent of the other Party. The
obligations of this Clause shall be satisfied by handling Confidential Information with
the same degree of care, which the receiving Party applies to its own similar
confidential information but in no event less than reasonable care. The obligations of
this Clause shall survive the expiration, cancellation or termination of this Contract.
The provision of this clause shall survive termination of the Contract till such
Confidential Information enters public domain.
Publicity
The Bidder is not permitted to make any public announcement or media release about
any aspect of this Contract unless the Bank first gives the Bidder his written consent.
Relationship between the Parties:
1. Nothing in this Contract constitutes any fiduciary relationship between the Bank
and Bidder/Bidder’s Team or any relationship of employer - employee, principal
and agent, or partnership, between the Bank and Bidder.
2. No Party has any authority to bind the other Party in any manner whatsoever except
as agreed under the terms of this Contract.
3. The Bank has no obligations to the Bidder’s team except as agreed under the terms
of this Contract.
Amendment
No variation in or modification or waivers of any provisions of the terms of the
Contract shall be made, except by prior written amendment and after obtaining prior
written approval from both the Parties and shall be signed by the Parties.
48
The Successful Bidder, however, agrees it shall be bound to amend the Agreement /
Contract, if so required by IDBI Bank, for giving effect to any amendment,
modification etc. in the applicable laws including but not limited to amendment /
modification etc. in the Reserve Bank of India Act, 1934 / the Banking Regulations
Act, 1949 and / or to give effect to any modifications, amendments or fresh guidelines
issued/imposed by RBI.
Entire Contract
The terms and conditions laid down in the Bid and all Annexures thereto as also the
Bid and any attachments/annexes thereto shall be read in consonance with and form
an integral part of this Contract. This Contract supersedes any prior Contract,
understanding or representation of the Parties on the subject matter.
Penalty
1. The penalties for any non-compliance under the Bid Documents and the Contract
are defined under Service Level Measurement Document given in Section IV.
2. The ongoing performance and service levels of the Bidder will be measured as per
parameters defined in Section IV of the Bid Document.
3. The Non-coordination related penalties will be applicable to the Bidder
responsible for delay/default as provided under the Bid Documents.
Survival
Any provision of this Agreement / Contract which, either expressly or by implication,
survive the termination or expiration of this Agreement / Contract, shall be complied
with by the Parties including that of the provisions of indemnity, confidentiality, non-
disclosure in the same manner as if the present Agreement / Contract is valid and in
force.
The provisions of the clauses of this Agreement / Contract in relation to documents,
Intellectual Property Rights, indemnity, publicity and confidentiality and ownership
survive the expiry or termination of this Agreement / Contract and in relation to
confidentiality, the obligations continue to apply unless the Bank notifies the Bidder
of its release from those obligations.
49
Section IV
Purpose:
1. This section lists the minimum service level require to be maintained by Bidder
on award of the contract.
2. The Bidder has to enter into a Service Level Agreement with Bank before the award
of the Contract as per the format provided by Bank.
50
Section V
TECHNICAL BID FORM
(To be included in Technical Bid Envelope) Date: ………………..
IDBI Bank Limited,
IDBI Tower, 19h floor, WTC Complex, Cuffe Parade, Mumbai – 400 005.
Dear Sir:
Reg: Engaging Bidder
Ref: IDBI – RFP – Bank Customer Survey
After going through the Bid Documents, the receipt whereof is hereby duly
acknowledged, we the undersigned, unconditionally and irrevocably offer our
services to Conduct a Bank Customer Survey on Retail Internet Banking User
Interface and User Experience-FY2021-22 in conformity with the said Bid
Documents.
We agree and undertake that, if our Bid is accepted, to deliver and commission
the Services in accordance with the delivery schedule specified in the schedule of
requirements.
We agree and undertake to abide by the bid terms of Bank including the rates quoted
therein for the orders awarded by Bank up to the period prescribed in the Bid,
which shall be final and conclusive and remain binding upon us.
Until a formal contract is finalized and executed, this Bid Documents, together
with relevant documents as amended, modified, supplemented, revised, modified
by addendum, etc., if any, at the sole discretion of Bank duly initialed/executed
shall constitute a binding Contract between us.
We agree and undertake that, in competing for (and, if the Bid is accepted by you)
the above contract, we will strictly observe the laws inter alia, in particular, against
fraud and corruption in force in India namely “Prevention of Corruption Act,
51
1988” and similar laws and also strictly abide by and observe all applicable laws.
We agree and confirm that you are not bound to accept the lowest or any Bid you
may receive and you also have the right to re-issue/re-commence the Bid. Any
decision in this regard by you shall be final and binding on us.
Dated this ……………………….. day of ……………………..20 .
(signature) (Name) (in the capacity of)
Duly authorised to sign bid for and on behalf of
52
Scope of Work – Bank Customer Survey on Retail Internet Banking User
Interface and User Experience-FY 2021-22
The scope of the research is to analyze the Customer satisfaction level with respect to
New User Interface & User Experience of IDBI Bank Retail Internet Banking and also
to obtain / receive feedback from them. Accordingly, the research may be emphasized
on the objectives given in documents:
Research Objectives:
Customer Satisfaction Survey (CSS) / User Interface & User Experience Survey
with respect to IDBI Bank Retail Internet Banking.
To analyze the utilization of Retail Internet Banking by the customers.
To ascertain the usage of Retail Internet banking New User Interface & User
Experience and functionalities available.
To understand the gaps and effectiveness of the services provided to the
customer in Retail Internet Banking.
To assess the needs, requirements and expectations of customers as against
service rendered/Product offered to them by IDBI Bank Retail Internet
Banking vis-à-vis others competitor banks.
To understand the Usability and ease of usage of the Net banking.
To form the basis for future improvement both on the functionality side as well
as on the User Interface & User Experience side of Retail Internet Banking
through customer valuable feedback/suggestion.
To undertake the survey in national language or and regional languages;
especially in semi-urban, Rural and Rural FI locations based on customers
convenience.
Profiling Parameters:
The study needs to analyze the qualitative data to obtain the following profiles of
customer:-
Financial Profile–Average Balance Range (0-25K, 25k-50K, 50K-1L, Above-
1L.
53
Economic Profile – Income (HNI, Salaried, NRI & General etc.)
Life Stage Profile – Age Wise (10- 25 Yr, 25-45 Yr, 45-60 Yr and 60 Yr
above), Senior Citizens.
Demographic Profile – Location Category, Gender, Occupation and
Education.
Ageing of customer ( New customers- Account opened in last 1 year & Old
customers – Account is older than 3 years)
Lifestyle – Travelling, Shopping, Dining etc.
Service Parameters (Indicative):
o Retail Internet Banking service experience.
o Availability and Uptime of self-service in IDBI Bank internet banking.
o Mixture & Range of products/ services offered through Retail Internet
Banking.
o Introduction of new products through internet banking.
o Functionality Available in IDBI Bank Retail Internet Banking vis-à- vis
others competitor banks.
o Dependency on Internet Banking
o Privacy, Security and design of Internet Banking
o Exited Customer (Account closed in last 6 months)
o Inactive Customer in Retail Internet Banking for last 1 Year.
Process Parameter:
o Turnaround Time (TAT) for processing the transactions/service request as
online Fund Transfer Online account opening, FD, FD OD, IPO application
etc.
o Ease of internet banking application.
o User friendliness of the Internet banking services.
o Efficiency and speed of Retail Internet Banking.
Sample Definition
To have a better analysis, a sample from the entire population of IDBI Bank
customer excluding Banks own staff may be selected for research, segment wise.
54
Stratified random sampling technique will be used for selection of the sample
customer base.
The proposed sample for research will consists of existing Retail Internet
Banking customers having relationship with the Bank for at least one year.
Respondents forming a representative sample considering the customers’ age
and gender profile, product mix, geographical spread, product and channel
usage.
Respondents to be spread across 14 zones and Regions (70) with a representative
combination of Metro, Urban, semi urban and rural branch/RAC locations as
mentioned in table below:
Zone Metro Urban Semi
Urban
Rural Rural
(FI)
Grand
Total
Ahmedabad 44 26 36 5 9 120
Bengaluru 23 45 66 5 2 141
Bhubaneswar 08 38 58 11 35 150
Bhopal 16 29 35 2 22 104
Chandigarh 12 47 63 14 25 161
Chennai 30 28 49 12 3 122
Delhi 77 39 22 7 18 163
Hyderabad 32 37 22 6 4 101
Kolkata 24 51 50 18 17 160
Lucknow 25 51 32 7 23 138
Mumbai 91 14 23 8 21 157
Nagpur 14 23 51 26 24 138
Pune 31 18 49 33 29 160
Patna 18 32 41 06 26 123
Grand Total 445 478 597 160 258 1938
A sample size of approximately 3000 respondents to be considered.
A minimum of 200 respondents from each Zone.
All interviews are to be conducted with customers of different age group at a
place and time convenient to them through Telephonic / Computer Assisted
Personal Interview (CAPI) / Tablet based Interview (TAPI) / Paper- Assisted
Personal Interview (PAPI) / any other method that may be recommended and can
justify and be acceptable to the bank can be adopted.
55
Zonal Structure:
1. Ahmedabad: Dadra & Nagar Haveli (UT), Daman & Diu (UT), Gujarat
2. Bengaluru – Karnataka, Kerala
3. Bhubaneswar: Chhattisgarh, Odisha
4. Bhopal: Madhya Pradesh
5. Chandigarh: Chandigarh (UT), Haryana (excluding NCR), Himachal
Pradesh, Jammu & Kashmir (UT), Ladakh (UT), Punjab
6. Chennai: Andaman & Nicobar Islands, Puducherry, Tamil Nadu
7. Delhi: Delhi (NCT), Haryana, Rajasthan
8. Hyderabad: Andhra Pradesh, Telangana
9. Kolkata: Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram,
Nagaland, Sikkim, Tripura, west Bengal
10. Lucknow: Uttar Pradesh (Excluding NCR), Uttarakhand
11. Mumbai: Maharashtra (Mumbai, Thane, Palghar, Nashik, Raigad)
12. Nagpur: Maharashtra (Jalgaon, Ahmednagar, Aurangabad, Nagpur, Solapur,
Wardha)
13. Pune: Kolhapur & Goa, Maharashtra (Pune, Satara)
14. Patna: Jharkhand, Bihar
Survey Questions:
The Bidder should provide the complete list of questions to be selected for said
survey. The Bank on its own discretion, can cancel/modify/add the questions.
Indicative sample question are given below. Sample Questions:
1. How long have you been using the IDBI bank Internet Banking services?
2. Difficulties faced in using retail internet banking, registration process, user
journey/interface etc.
3. Have you performed any of the following activities on-line
a) Tax filing
56
b) Purchased/sold financial product ( Insurance, Bond, IPO, FD)
c) Online utility bill payment etc.
4. How frequently do you visit your bank branch per month/Quarter and the
purpose of visit (s)?
5. Have you purchased any product through IDBI bank Internet Banking?
6. Approximately how many times have you purchased any product through the
Internet in the last 12 months?
7. Frequently used functionality in internet banking.
8. Frequency of net banking usage (Daily / Weekly / Monthly / Quarterly).
Authorised Signatory Name:
Company Name and Stamp
57
NON-DISCLOSURE AGREEMENT
This Non-Disclosure Agreement entered into between IDBI Bank Limited, a company
incorporated and registered under the Companies Act, 1956 (1 of 1956) and a banking
company within the meaning of Section 5 (c) of the Banking Regulation Act, 1949
(10 of 1949) and having its registered office at IDBI Tower, WTC Complex, Cuffe
Parade, Mumbai – 400 005 (hereinafter called “the Purchaser/Bank” which expression
shall unless it be repugnant to the subject, context or meaning thereof shall be deemed
to mean and include its successors and assigns) of the ONE PART and …………….
(Name of Bidder) of
…………………… (please specify the registered office of the (Bidder) (hereinafter
called “the Bidder/Contractor” which expression shall unless it be repugnant to the
subject, context or meaning thereof shall be deemed to mean and include its
successors) of the OTHER PART;
WHEREAS, Bank called for the bids for engagement of Bidder to provide the services
for conducting a Bank Customer Survey on Retail Internet Banking User Interface and
User Experience , M/s ........................................................... (hereinafter referred
to as "Bidder"), after going through the Bid Documents and being interested to act as
Bidder and provide the services for conducting a Bank Customer Survey on Retail
Internet Banking User Interface and User Experience, has submitted its bid.
WHEREAS, the Bidder is aware and confirms that the information, data, drawings
and designs, and other documents made available in the Bid Documents / the Contract
and thereafter regarding the Services as furnished by the Bidder in their Request For
Proposal or otherwise and all the Confidential Information under the Bid
Documents/the Contract is privileged and strictly confidential and/or proprietary to
Bank,
58
NOW THEREFORE, in consideration of the foregoing, the Bidder agrees to all of the
following conditions, for Bank, to grant the Bidder specific access to Bank’s
property/information and other data.
It is hereby agreed as under:
a) The parties agree that they shall hold in trust any Confidential Information
received by either party, under this Contract, and the strictest of confidence shall be
maintained in respect of such Confidential Information. The parties also agree and
undertake to:
(i) maintain and use the Confidential Information only for the purposes of this
Contract and only as permitted herein;
(ii) make copies as specifically authorized by the prior written consent of the other
party and with the same confidential or proprietary notices as may be printed or
displayed on the original;
(iii) restrict access and disclosure of confidential information to such of their
employees, agents, vendors, and contractors strictly on a "need to know" basis, to
maintain confidentiality of the Confidential Information disclosed to them in
accordance with this clause; and
(iv) treat Confidential Information as confidential for a period of five (5) years from
the date of receipt. In the event of earlier termination of this Contract, the Parties
hereby agree to maintain the confidentiality of the Confidential Information for a
further period of [two (2)] years from the date of such termination.
b) Confidential Information in oral form must be identified as confidential at the
time of disclosure and confirmed as such in writing within 30 days of such
disclosure. Confidential Information does not include information which:
(i) the recipient knew or had in its possession, prior to disclosure, without
limitation on its confidentiality;
(ii) is independently developed by the recipient without breach of this Contract;
(iii) is the public domain;
59
(iv) is received from a third party not subject to the obligation of confidentiality
with respect to such information;
(v) is released from confidentiality with the prior written consent of the other party.
The recipient shall have the burden of proving hereinabove are applicable to the
information in the possession of the recipient.
c) Notwithstanding the foregoing, the parties acknowledge that the nature of the
Services to be performed under this Contract may require the Bidder’s personnel to be
present on premises of Bank or may require the Bidder’s personnel to have access to
computer networks and databases of Bank while on or off premises of Bank. It is
understood that it would be impractical for Bank to monitor all information made
available to the Bidder’s personnel under such circumstances and to provide notice to
the Bidder’s of the confidentiality of all such information. Therefore, the Bidder
agrees and undertakes that any technical or business or other information of Bank that
the Bidder’s personnel, or agents acquire while on Bank premises, or through access
to Bank computer systems or databases while on or off Bank premises, shall be
deemed Confidential Information.
d) Confidential Information shall at all times remain the sole and exclusive property
of the disclosing party. Upon termination of this Contract, confidential information
shall be returned to the disclosing party or destroyed, if incapable of return. The
destruction shall be witnessed and so recorded, in writing, by an authorised
representative of each of the parties. Nothing contained herein shall in any manner
impair or affect rights of Bank in respect of the Confidential Information.
e) In the event that any of the parties hereto becomes legally compelled to disclose
any Confidential Information, such party shall give sufficient notice to the other party
to enable the other party to prevent or minimize to the extent possible, such disclosure.
Neither party shall disclose to a third party any Confidential Information or the
contents of this Contract without the prior written consent of the other party. The
obligations of this Clause shall be satisfied by handling Confidential Information with
the same degree of care, which the receiving party applies to its own similar confidential
60
information but in no event less than reasonable care. The obligations of this clause
shall survive the expiration, cancellation or termination of this Contract.
f) The provisions hereunder shall survive termination of the Contract.
Place :
Date :
Accepted –
Bank
Authorised Signatory Name :
Designation :
Office Seal :
61
PRICE SCHEDULE – FORMAT
(To be included in the Price Proposal)
1. Having perused the Bid Documents, the receipt of which is hereby duly
acknowledged, we, the undersigned, offer our services as bidder, in
conformity with the said Bid Documents at fees mentioned in the financial bid.
2. The above fees include all costs, duties, levies, taxes and all other applicable
charges including local travelling expenses, cost of stationery, if any, etc.
3. When works are executed wholly or in part which involves the bidder services
in such cases value of such whole or partly work will be taken into
consideration for the purpose of calculating the bidder fees. However, for any
such works independently undertaken by Bank along with works under
progress where the bidder has no direct role or responsibility such value of
work will not be eligible for bidder fees.
4. In case of discrepancy between unit price and total price, the unit price shall
prevail.
5. In case of discrepancy between figures and words, the amount in words shall
prevail.
6. No increase in costs, duties, levies, taxes, charges, etc., irrespective of reasons
(including exchange rate fluctuations, etc.) whatsoever, shall be admissible
during the currency of the Contract.
7. For the above, any decision of Bank, in this behalf shall be final, conclusive
and binding on Bidder / Bidder.
Signature of Bidder :
62
Name :
Business address :
Offices Seal :
Place : Date :
63
CONTRACT FORM
THIS AGREEMENT made at………………… the ………day of
……………………. 200 between IDBI BANK LIMITED, a company registered
under the Companies Act, 1956 (1 of 1956) and a banking company within the
meaning of Section 5 (c) of the Banking Regulation Act, 1949 (10 of 1949) and
having its registered office at IDBI Tower, WTC Complex, Cuffe Parade, Mumbai
– 400 005 (hereinafter called “the Purchaser” which expression shall unless it be
repugnant to the subject, context or meaning thereof shall be deemed to mean and
include its successors and assigns) of the ONE PART and ……………. (Name
of Contractor) of …………………… (please specify the registered office of the
(Contractor) (hereinafter called “the Contractor” which expression shall unless it
be repugnant to the subject, context or meaning thereof shall be deemed to mean
and include its successors) of the OTHER PART;
The Purchaser and Contractor are hereinafter collectively referred to as "Parties".
WHEREAS the Purchaser invited bids for certain Services viz conducting a Bank
Customer Survey on Retail Internet Banking User Interface and User Experience
and has accepted a bid by the Contractor for rendering of the Services for the sum
of ....................................................................... (Contract Price in Words and
Figures) (hereinafter called “the Contract Price”).
NOW THIS AGREEEMENT WITNESSETH AND IT IS HEREBY
AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
1. In this Agreement words and expressions shall have the same meanings as are
respectively assigned to them in the Conditions of Contract referred to.
2. The following documents of Bid No. IDBI – RFP – Bank Customer Survey
shall be deemed to form and be read and construed as part of this Agreement,
viz.,
a. Invitation for Bids
b. Instructions to Bidders
64
c. The Bid form and the price schedule submitted by the
Bidder/Contractor;
d. Service level expectations
e. The technical & functional specifications ;
f. The terms and conditions of Contract ;
g. The purchaser’s notification of award ;
h. Schedule of dates, amounts etc.
3. In consideration of the payments to be made by the Purchaser to the Contractor
as hereinafter mentioned, the Contractor hereby agrees and covenants with the
Purchaser to provide/render the Services and to remedy defects, if any therein,
strictly in conformity in all respects with the provisions of the Contract.
4. The Purchaser hereby agrees and covenants to pay the Contractor in
consideration of the rendering of the Services and the remedying of defects, if
any therein, the Contract price or such other sum as may become payable under
the provisions of the Contract at the times and in the manner prescribed by the
Contract.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be
executed on the day, month and year first above written.
Signed and Delivered by the within named
Signature :
Name :
Date :- ..........................
65
IN THE PRESENCE OF
1. Signature
2. Signature
Name :-
Address:-
Name :-
Address :-
Signed and Delivered by ......... .........................
the within named
M/s. ..................................
..................................
Date :- .......................
IN THE PRESENCE OF :
2. Signature
2. Signature
Name :-
Address:-
Name :-
Address :-
66
Format for Unconditional Acceptance of Terms & Conditions of the RFP
(To be submitted on the Company’s Letter Head) To,
IDBI Bank Ltd.
IDBI Tower, 18th floor, WTC Complex, Cuffe Parade, Mumbai – 400 005.
Ref: RFP to Conduct a Bank Customer Survey on Retail Internet Banking
User Interface and User Experience-FY2021-22
This is to confirm that we unconditionally accept all the terms and conditions as
mentioned in the said RFP floated for IDBI Bank Ltd. to Conduct a Bank Customer
Survey on Retail Internet Banking User Interface and User Experience-FY2021-
22.
Authorized Signatory
( )
Designation Company Stamps
67
BANK DETAILS
(to be included in Technical Bid Envelope)
Successful Bidder is advised to open an Account with Bank. to facilitate easy
and timely credit of payments for goods delivered / services rendered.
1 Name of the Bank
2 Address of the Bank
3 Contact Person
4 Telephone No.
5 Fax No e-mail
6 Over Draft Limit
7 Bank Guarantee Limit
8 Remarks, if any
Corporate Authorisation details.
Note: This statement has to be duly attested by the banker.
Signature: Signature:
Name of the Authorised Person: Name of the Authorised Person:
Designation: Designation:
Company Seal Banker Seal
All authorisations should be collected.
68
DEED OF INDEMNITY
This Deed of Indemnity executed at Mumbai on the day of
by (hereinafter referred to as “the
Obligor” which expression shall unless it be repugnant to the context, subject or
meaning thereof, shall be deemed to mean and include successors and permitted
assigns);
IN FAVOUR OF
IDBI Bank Limited, a company registered and incorporated under the
Companies Act, 1956 (1 of 1956) and a banking company within the meaning of
section 5 (c) of the Banking Regulation Act, 1949 (10 of 1949) having its registered
office at IDBI Tower, WTC Complex, Cuffe Parade, Colaba, Mumbai – 400 005
(hereinafter referred to as “Bank” which expression shall, unless it be repugnant to
the subject or context or meaning thereof, be deemed to mean and include its
successors and assigns)
1 WHEREAS
(1) The Obligor has
(a) to Conduct a Bank Customer Survey on Retail Internet Banking User Interface
and User Experience-FY2021-22;
(b) represented and warranted that they have all permissions, consents, approvals
from all authorities, both regulatory and non-regulatory, for executing their
services to Bank;
(c) represented and warranted that the aforesaid services offered to Bank do not
violate any provisions of the applicable laws, regulations or guidelines including
legal and environmental. In case there is any violation of any law, rules or
regulation, which is capable of being remedied the same will be got remedied
immediately during the installation, maintenance and contract period to the
satisfaction of Bank;
69
(d) represented and warranted that they are authorised and legally eligible and
otherwise entitled and competent to enter into such contract(s) with Bank;
(2) Bank, relying and based on the aforesaid representations and warranties of the
Obligor, has agreed to avail the services of the Obligor on the terms and conditions
contained in its Agreement dated (the Agreement) with
the Obligor;
(3) One of the conditions of the aforesaid Agreement is that the Obligor is required to
furnish an indemnity in favour of Bank indemnifying the latter against any loss,
damages or claims arising out of any violations of the applicable laws, regulations,
guidelines during the execution of its services to Bank over the contract period as also
for breach committed by the Obligor on account of misconduct, omission and
negligence by the Obligor.
(4) In pursuance thereof, the Obligor has agreed to furnish an indemnity in the form
and manner and to the satisfaction of Bank as hereinafter appearing;
NOW THIS DEED WITNESSETH AS UNDER:-
In consideration of Bank having agreed to award the aforesaid contract to the
Obligor, more particularly described and stated in the aforesaid Agreement, the
Obligor do hereby agree and undertake that:-
(1) The Obligor shall, at all times hereinafter, save and keep harmless and
indemnified Bank, including its respective directors, officers, and employees and
keep them indemnified from and against any claim, demand, losses, liabilities or
expenses of any nature and kind whatsoever and by whomsoever made in respect of
the said contract and any damage caused from and against all suits and other actions
that may be instituted taken or preferred against Bank by whomsoever and all losses,
damages, costs, charges and expenses that Bank may incur by reason of any claim
made by any claimant for any reason whatsoever or by anybody claiming under them
or otherwise for any losses, damages or claims arising out of all kinds of
70
accidents, destruction, deliberate or otherwise, direct or indirect, from those arising
out of violation of applicable laws, regulations, guidelines and also from the
environmental damages, if any, which may occur during the contract period.
However, the liability of the Obligor shall not exceed the contract price / bid price as
stated in the aforesaid Agreement.
(2) The Obligor further agrees and undertakes that the Obligor shall, during the
contract period, ensure that all the permissions, authorisations, consents are obtained
from the local and/or municipal and/or governmental authorities, as may be required
under the applicable laws, regulations, guidelines, orders framed or issued by any
appropriate authorities.
(3) The Obligor further agrees to provide complete documentation of all sub-
systems, operating systems, systems software, utility software and other software,
they are having. The Obligor shall also provide licensed software for all software
services, whether developed by it or acquired from others for performing the
obligations under the Contract. The Obligor shall also indemnify and keep
indemnified IDBI against any levies / penalties / claims / demands litigations, suits,
actions, judgements, and or otherwise ion account of any default and or breach and or
otherwise in this regard.
(4) If any additional approval, consent or permission is required by the Obligor to
execute and perform the contract during the currency of the contract, they shall
procure the same and/or comply with the conditions stipulated by the concerned
authorities without any delay.
(5) The obligations of the Obligor herein are irrevocable, absolute and
unconditional, in each case irrespective of the value, genuineness, validity, regularity
or enforceability of the aforesaid Agreement or the insolvency, bankruptcy, re-
organisation, dissolution, liquidation or change in ownership of Bank or Obligor or
any other circumstance whatsoever which might otherwise constitute a discharge or
defence of an indemnifier.
71
(6) The obligations of the Obligor under this deed shall not be affected by any act,
omission, matter or thing which, would reduce, release or prejudice the Obligor from
any of the indemnified obligations under this indemnity or prejudice or diminish the
indemnified obligations in whole or in part, including in law, equity or contract
(whether or not known to it, or to Bank).
(7) This indemnity shall survive the aforesaid Agreement.
(8) Any notice, request or other communication to be given or made under this
indemnity shall be in writing addressed to either party at the address stated in the
aforesaid Agreement and or as stated above.
(9) This indemnity shall be governed by, and construed in accordance with, the laws
of India. The Obligor irrevocably agrees that any legal action, suit or proceedings
arising out of or relating to any this indemnity may be brought in the Courts/Tribunals
at Mumbai. Final judgement against the Obligor in any such action, suit or proceeding
shall be conclusive and may be enforced in any other jurisdiction, by suit on the
judgement, a certified copy of which shall be conclusive evidence of the judgement,
or in any other manner provided by law. By the execution of this indemnity, the
Obligor irrevocably submits to the exclusive jurisdiction of such Court/Tribunal in any
such action, suit or proceeding.
(10) Bank may assign or transfer all or any part of its interest herein to any other
person. Obligor shall not assign or transfer any of its rights or obligations under this
indemnity, except with the prior written consent of IDBI.
IN WITNESS WHEREOF the Obligor has signed these presents on the day,
month and year first above written.
Signed and Delivered on behalf of )
( )
by the hand of _,)
_, the authorised official )
of the Obligor )
72
Fulfillment of Eligibility Criteria
(To be submitted on the Company’s Letter Head)
Sr. Description Document Required
1. The company should have been in the business in
India for the last three completed financial years.
Self-Declaration and order
copy
2. The company should be a net profit earning
company during the last 3 (three) financial years
Balance Sheet & Profit and
Loss Account Statement
for last three years
3. The Company should be accredited by / member
of duly recognized National and / or International
Market Research Regulatory Bodies / Societies.
Certificate Copy
4. The company must successfully completed
atleast 2 customer surveys with a minimum
sample size of not less than 2000 for its
institutional clients since FY 2018-19 till date.
A self-certified copies of
the work completion
Certificate / Letter of
satisfaction.
5. Registered Firm / Company Copy of registration
certificate regarding Sales
Tax / VAT
6. The company should not be blacklisted by any
Govt., PSU or PSB during the last three years
Self-Declaration
7. Authorization for signing of RFP Document Certified true copy of
Board Resolution towards
authorizing the signatory to
sign all documents in
respect of RFP including
the commercial bid
73
Annexure - A
(To be submitted by all the Bidders on stamp paper of Rs. 500/-)
This pre-bid pre-contract Agreement (hereinafter called the Integrity Pact) is made on
day of the month of 2021, between, IDBI Bank Ltd.
incorporated and registered under the Companies Act, 1956(1 of 1956) and a Company and
a company within the meaning of Section 2(20) of the Companies Act, 2013 (18 of 2013)
and a Banking company within the meaning of Section 5 (c) of the Banking Regulation Act,
1949 (10 of 1949), with Corporate Identity No. L65190MH2004GOI148838 and having its
registered office at IDBI Tower, WTC Complex, Cuffe Parade, Mumbai 400005 through
its Department/ Office at , ,
(hereinafter called the "PRINCIPAL'', which expression shall mean and include, unless the
context otherwise requires, its successors) of the First Part
And
M/s represented by Smt/ Shri , MD/
CEO/ CMD (hereinafter called the "BIDDER/ Seller which expression shall mean and
include, unless the context otherwise requires, its/ his successors and permitted assigns) of
the Second Part.
WHEREAS the PRINCIPAL proposes to procure ( ) and
BIDDER/ Seller is willing to offer/ has offered the same to the Principal.
WHEREAS the BIDDER is a private company/ public company/ Government undertaking/
partnership/ registered export Bidder, constituted in accordance with the relevant law in the
matter and the PRINCIPAL is an Office/ Department of IDBI Bank Ltd performing its
functions on behalf of IDBI Bank Ltd.
NOW, THEREFORE,
To avoid all forms of corruption by following a system that is fair, transparent and free
from any influence/ prejudiced dealings prior to, during and subsequent to the currency of
the contract to be· entered into with a view to:
Enabling the PRINCIPAL to obtain the desired service/ product at a competitive
price in conformity with the defined specifications by avoiding the high cost and
the distortionary impact of corruption on public procurement; and
Enabling BIDDERs to abstain from bribing or indulging in any corrupt practice
in order to secure the contract by providing assurance to them that their competitors
will also abstain from bribing and other corrupt practices and the PRINCIPAL will
commit to prevent corruption, in any form, by its officials by following transparent
74
procedures.
The parties hereto hereby agree to enter into this Integrity Pact and agree as follows:
1. Commitments of the PRINCIPAL
1.1 The PRINCIPAL undertakes that no official of the PRINCIPAL, connected directly
or indirectly with the contract, will demand, take a promise for or accept directly or
through intermediaries, any bribe, consideration, gift, reward, favour or any material or
immaterial benefit or any other advantage from the BIDDER, either for themselves or for
any person, organization or third party (which is not available legally) related to the
contract in exchange for an advantage in the bidding process, bid evaluation, contracting
or implementation process related to the contract.
1.2 The PRINCIPAL will, during the pre-contract stage, treat all BIDDERs alike, and will
provide to all BIDDERs the same information and will not provide any such information
to any particular BIDDER which could afford an advantage to that particular BIDDER in
comparison to other BIDDERs.
1.3 All the officials of the PRINCIPAL will report to the appropriate authority any
attempted or completed breaches of the above commitments as well as any substantial
suspicion of such a breach.
2. In case any such preceding misconduct on the part of such official(s) is reported by
the BIDDER to the PRINCIPAL with full and verifiable facts and the same is prima facie
found to be correct by the PRINCIPAL, necessary disciplinary proceedings, or any other
action as deemed fit, including criminal proceedings may be initiated by the PRINCIPAL and
such a person shall be debarred from further dealings related to the contract process. In such
a case while an enquiry is being conducted by the PRINCIPAL the proceedings under the
contract would not be stalled.
3. Commitments of the BIDDERs
The BIDDER commits itself to take all measures necessary to prevent corrupt practices,
unfair means and illegal activities during any stage of its bid or during any pre-contract or
post-contract stage in order to secure the contract or in furtherance to secure it and in particular
commit itself to the following:
3.1 The BIDDER will not offer, directly or through intermediaries, any bribe, gift,
consideration, reward, favour, any material or immaterial benefit or other advantage
commission, fees brokerage or inducement to any official of the PRINCIPAL, connected
directly or indirectly with the bidding process, or to any person, organization or third party
related to the contract in exchange for any advantage in the bidding, evaluation,
contracting and implementation of the contract.
75
3.2 The BIDDER further undertakes that it has not given, offered or promised to give,
directly or indirectly any bribe, gift, consideration, reward, favour, any material or
immaterial benefit or other advantage, commission, fees, brokerage or inducement (not
available legally) to any official of the PRINCIPAL or otherwise in procuring the
Contract or forbearing to do or having done any act in relation to the obtaining or execution
of the contract or any other contract with IDBI Bank Ltd for showing or forbearing to
show favour or disfavor to any person in relation to the contract or any other contract with
IDBI Bank Ltd.
3.3 The BIDDER confirms and declares that they have not made any payments to any
agents/ brokers or any other intermediary, in connection with this bid/ contract.
3.4 The BIDDER further confirms and declares to the PRINCIPAL that the BIDDER is
the original vendor or service provider in respect of product/ service covered in the bid
documents and the BIDDER has not engaged with any individual or firm or company
whether Indian or foreign to intercede, facilitate or in any way to recommend to the
PRINCIPAL or any of its functionaries, whether officially or unofficially to the award of
the contract to the BIDDER, nor has any amount been paid, promised or intended to be
paid to any such individual, firm or company in respect of any such intercession,
facilitation or recommendation.
3.5 The BIDDER, at the earliest available opportunity, i.e. either while presenting the
bid or during pre-contract negotiations and in any case before opening the financial
bid and before signing the contract, shall disclose any payments he has made, is
committed to or intends to make to officials of the PRINCIPAL or their family members,
agents, brokers or any other intermediaries in connection with the contract and the details
of the services agreed upon for such payments.
3.6 The BIDDER will not enter into any undisclosed agreement or collude with other
parties interested in the contract/ other BIDDERs to impair the transparency, fairness and
progress of the bidding process, bid evaluation, contracting and implementation of the
contract or with respect to prices, specifications, certifications, subsidiary contracts etc.
3.7 The BIDDER will not accept any advantage in exchange for any corrupt practice;
unfair means and illegal activities.
3.8 The BIDDER shall not use improperly, for purpose of competition or personal gain
or pass on to others, any information provided by the PRINCIPAL as a part of the business
relationship, regarding plans, technical proposals and business details including
information contained in any electronic data carrier. The BIDDER also undertakes to
exercise due and adequate care lest any such information is divulged.
76
3.9 The BIDDER commits to refrain from giving any complaint directly or through any
other manner without supporting it with full and verifiable facts.
3.10 The BIDDER shall not instigate or cause to instigate any third person to commit any
of the actions mentioned above.
3.11 If the BIDDER or any employee of the BIDDER or any person acting on behalf of
the BIDDER, either directly or indirectly, is a relative of any of the officers of the
PRINCIPAL, or alternatively, if any relative of an officer of the PRINCIPAL has financial
interest/ stake in the BIDDER's firm, the same shall be disclosed by the BIDDER at the
time of filing of tender.
3.12 The BIDDER shall not lend to or borrow any money from or enter into any monetary
dealings or transactions, directly or indirectly, with any employee of the PRINCIPAL.
3.13 The BIDDER/ Contractor shall not directly or through any other person or firm use
coercive practices against IDBI Bank and/ or other BIDDERs/ Contractor(s).
3.14 BIDDERs are not to pass any information provided by the PRINCIPAL as a part
of business relationship to others and not commit any offence under PC/ IPC Act.
3.15 Foreign BIDDERs if any, to disclose name and address of agents and representatives
in India and Indian Bidders to disclose their foreign principal or associates.
3.16 BIDDERs to disclose any transgressions with any other company that may impinge
on anti- corruption principle.
4. Previous Transgressions
4.1 The BIDDER declares that no previous transgression occurred in the last three years
immediately before signing of this Integrity Pact, with any other company in any country
in respect of any corrupt practices envisaged hereunder or with any Public Sector
Enterprise / Public Sector Banks in India or any Government Department in India or RBI
that could justify BIDDER’s exclusion from the tender process.
4.2 The BIDDER agrees that if it makes incorrect statement on this subject, BIDDER
can be disqualified from the tender process or the contract, if already awarded, can be
terminated for such reason.
5. Sanctions for Violations
5.1 Any breach of the aforesaid provisions by the BIDDER or anyone employed by it or
acting on its behalf (whether with or without the knowledge of the BIDDER) shall entitle
the PRINCIPAL to take all or any one of the following actions, wherever required:
5.1.1 To immediately call off the pre contract negotiations without assigning any
reason and without giving any compensation to the BIDDER. However, the
proceedings with the other BIDDER(s) would continue, unless the
77
PRINCIPAL desires to drop the entire process.
5.1.2 To immediately cancel the contract, if already signed, without giving any
compensation to the BIDDER.
5.1.3 To cancel all or any other Contracts with the BIDDER. The BIDDER shall be
liable to pay compensation for any loss or damage to the PRINCIPAL resulting
from such cancellation/ rescission and the PRINCIPAL shall be entitled to
deduct the amount so payable from the money(s) due to the BIDDER.
5.1.4 To debar the BIDDER from participating in future bidding processes of the
PRINCIPAL or any of its subsidiaries for a minimum period of five years,
which may be further extended at the discretion of the PRINCIPAL.
5.1.5 To recover all sums paid, in violation of this Pact, by BIDDER(s) to any
middleman or agent or broker with a view to securing the contract.
5.1.6 Forfeiture of Performance Bond in case of a decision by the PRINCIPAL to
forfeit the same without assigning any reason for imposing sanction for
violation of this Pact.
5.1.7 Intimate to the CVC, IBA, RBI, as the PRINCIPAL deemed fit the details of
such events for appropriate action by such authorities.
5.2 The PRINCIPAL will be entitled to take all or any of the actions mentioned at para
6.1.1 to 6.1.9 of this Pact also on the Commission by the BIDDER or any one employed
by it or acting on its behalf (whether with or without the knowledge of the BIDDER), of an
offense as defined in Chapter IX of Indian Penal Code, 1860 or Prevention of Corruption
Act, 1988 or any other statute enacted for prevention of corruption.
5.3 The decision of the PRINCIPAL to the effect that a breach of the provisions of this
Pact has been committed by the BIDDER shall be final and conclusive on the BIDDER.
However, the BIDDER can approach the Independent External Monitor(s) appointed for
the purposes of this Pact.
6. Fall Clause
6.1 The BIDDER undertakes that it has not supplied/ is not supplying similar product/
systems or subsystems at a price lower than that offered in the present bid in respect of
any other Ministry/ Department of the Government of India or BFS&I sector / PSU or
any other Bank and if it is found at any stage that similar product/ systems or sub systems
was supplied by the BIDDER to any other Ministry/ Department of the Government of
India or a BFS&I sector / PSU or a Bank at a lower price, then that very price, with due
allowance for elapsed time, will be applicable to the present case and the difference in the
cost would be refunded by the BIDDER to the PRINCIPAL, if the contract has already
78
been concluded.
7. Independent External Monitors
7.1 The PRINCIPAL has appointed Independent External Monitors (hereinafter referred
to as Monitors or IEMs) for this Pact in consultation with the Central Vigilance
Commission (Names and Addresses of the Monitors to be given).
7.2 The task of the Monitors shall be to review independently and objectively, whether
and to what extent the parties comply with the obligations under this Pact.
7.3 The Monitors shall not be subject to instructions by the representatives of the parties
and perform their functions neutrally and independently.
7.4 Both the parties accept that the Monitors have the right to access all the documents
relating to the project/ procurement, including minutes of meetings.
7.5 As soon as the Monitor notices, or has reason to believe, a violation of this Pact, he
will so inform the Authority designated by the PRINCIPAL.
7.6 The BIDDER(s) accepts that the Monitor has the right to access without restriction
to all Project documentation of the PRINCIPAL including that provided by the BIDDER.
The BIDDER will also grant the Monitor, upon his request and demonstration of a valid
interest, unrestricted and unconditional access to his project documentation. The same is
applicable to Sub-contractors. The Monitor shall be under contractual obligation to treat
the information and documents of the BIDDER/ Sub-contractor(s) with confidentiality.
7.7 The PRINCIPAL will provide to the Monitor sufficient information about all meetings
among the parties related to the Project provided such meetings could have an impact on
the contractual relations between the parties. The parties will offer to the Monitor the
option to participate in such meetings.
7.8 The Monitor will submit a written report to the designated authority of PRINCIPAL/
Secretary in the Department/ within 8 to 10 weeks from the date of reference or intimation
to him by the PRINCIPAL/ BIDDER and, should the occasion arise, submit proposals for
correcting problematic situations.
79
Facilitation of Investigation
In case of any allegation of violation of any provisions of this Pact or payment of
commission, the PRINCIPAL or its agencies shall be entitled to examine all the documents
including the Books of Accounts of the BIDDER and the BIDDER shall provide necessary
information and documents in English and shall extend all possible help for the purpose of
such examination.
8. Law and Place of Jurisdiction
This Pact is subject to Indian Law. The place of performance and jurisdiction is the seat
of the PRINCIPAL.
9. Other Legal Actions
The actions stipulated in this Integrity Pact are without prejudice to any other legal action
that may follow in accordance with the provisions of the extant law in force relating to any
civil or criminal proceedings.
10. Validity
10.1 The validity of this Integrity Pact shall be from date of its signing and extend upto 8
years or the complete execution of the contract to the satisfaction of the PRINCIPAL and
the BIDDER/ Seller, including warranty period, whichever is later. In case BIDDER is
unsuccessful, this Integrity Pact shall expire after six months from the date of the signing
of the contract, with the successful Bidder by the PRINCIPAL.
10.2 Should one or several provisions of this Pact turn out to be invalid; the remainder of
this Pact shall remain valid. In this case, the parties will strive to come to an agreement to
their original intentions.
11. The parties hereby sign this Integrity Pact at on .
IN WITNESS WHEREOF, the Parties have signed and executed this Integrity Pact
at the place and date first hereinabove mentioned in the presence of following witness:
Signature Signature
(For & on behalf of the PRINCIPAL) (For & on behalf of the BIDDER/
Contractor)
Office Seal Office Seal
Name Name
Designation Designation
****** END OF RFP DOCUMENT ********
